Fero v. Prack

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

While on special watch, petitioner informed a correction officer that he was going to urinate on the floor. The officer instructed petitioner not to do so but petitioner ignored his command and began to urinate, forcing the officer to move. As a result, petitioner was charged in a misbehavior report with…