Oyekoya v. Duncan

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges the results of two prison disciplinary hearings. The first concerned an incident wherein petitioner had lagged behind a group of inmates and refused to comply with repeated orders to catch up. He was found guilty of a movement violation and of refusing to obey a direct order. The second hearing arose out of a coughing attack…