Burr v. Goord

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

Petitioner was found guilty of violating the prison disciplinary rules that prohibit refusing a direct order and threatening behavior. As set forth in the misbehavior report and testimony of the correction officer who authored it, petitioner came within arm’s length of the correction officer involved in the incident and pointed his finger at her…