Wooley v. Miller

Appeal from a judgment of the Supreme Court (Spargo, J.), entered September 22, 2003 in Ulster County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

According to a misbehavior report, petitioner barged into the correction officers’ station in an agitated manner, pointing at the inmate cell block board, complaining that a fellow inmate needed medical assistance. Although petitioner obeyed an order to leave the office, he continued to be agitated and complained about a fellow inmate’s need for medical help. Thereafter, petitioner was…