Toliver v. Commissioner of Corrections & Community Supervision

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) *982to review a determination of respondent Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was being escorted back to his cell by a correction officer who informed him that he could not enter his cell in his wheelchair. After refusing to leave the wheelchair, petitioner was given a direct order to exit the chair, which he ignored and then rolled the wheelchair into…