Pabon v. Kuhlmann

—Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 15, 1999 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of creating a disturbance, refusing a direct order, being out of place and committing a visiting room violation, all in contravention of prison disciplinary rules. The determination of guilt…