Porter v. Goord

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination which found him. guilty of refusing a direct order and stealing state property. Ac*979cording to the misbehavior report, petitioner refused a correction officer’s direct order to get dressed so that a female correction…