Morrison v. Fischer

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

Petitioner created a commotion in his cell by kicking the door and refusing a correction officer’s directive to cease such conduct. During the ensuing verbal exchange with the officer, petitioner exhibited a belligerent attitude, using profanity and telling the officer that he was going to do as he pleased. As a result, he was charged in a misbehavior…