Pennington v. Selsky

Appeal from a judgment of the Supreme Court (Bradley, J.), entered February 2, 2005 in Albany 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.

Petitioner failed to cooperate with a female storehouse clerk’s order to move away from an area she was trying to secure and, during this exchange, petitioner professed his love for her. As a result, he was charged in a misbehavior report with refusing a direct…