Dabney v. Murphy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
*715Petitioner was charged with littering, interfering with an employee, refusing a direct order and making threats. According to the correction officer who was collecting the breakfast garbage, petitioner responded to a direct order to surrender his garbage by cursing and spilling a cup of milk on the floor. Petitioner was found…
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