Cabassa v. Goord

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

Petitioner was charged in a misbehavior report with refusing a direct order after he told a correction sergeant that he was not going on a scheduled medical appointment the next day. He was found guilty of the charge following a tier II disciplinary hearing and the determination was affirmed on administrative appeal.…