Swan v. Fischer

*1357Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Angered at a new policy being announced by a counselor to a group of inmates, petitioner engaged in a loud exchange with the counselor and refused to leave when initially ordered to do so. A misbehavior report was issued and, following a disciplinary hearing, petitioner was found guilty of refusing a direct order, interference, harassment, creating a…