Austin v. Goord

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit refusing to obey a direct order and creating a disturbance. The incident that led to these charges took place in the facility’s mattress shop where petitioner was assigned to work. Petitioner was conversing with other inmates when the…