Bell v. Leary

—Lahtinen, J.

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

Following a tier II hearing, petitioner was found guilty of failing to obey direct orders from a correction officer and a sergeant not to wear his “do-rag”* in unauthorized areas. The detailed misbehavior report authored by the correction officer who witnessed petitioner’s refusal to obey the direct orders provides substantial evidence of…