Horn v. Coughlin

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty after a Superintendent’s hearing of violating prison disciplinary rule 102.10 (7 NYCRR 270.2 [B] [3] [i] [making a threat]). The Hearing Officer dismissed charges that petitioner had disobeyed a direct order or created a disturbance. After affirmance on administrative appeal, petitioner…