Dawes v. McClellan

Appeal from a judgment of the Supreme Court (Ellison, J.), entered June 29, 1994 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting harassment as the result of derogatory comments he made to a correction officer. He challenges this determination, arguing that he was denied the right to present documentary evidence at .the hearing and…