Folk v. Goord

Appeal from a judgment of the Supreme Court (Clemente, J.), entered June 24, 2004 in Albany County, which, inter alia, partially dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

While in the infirmary, petitioner repeatedly refused orders by correction officers to surrender his cigarette lighter before returning to the dormitory area. Instead, he proceeded to walk toward this area until the door was locked and…