Tuitt v. Martuscello

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

After a correction officer observed that petitioner had his cell window completely covered by a towel, which obstructed the officer’s view inside the cell, he instructed petitioner to remove it. Petitioner advised the officer that he was using the toilet. The officer directed petitioner to take the towel down when he was finished and not to cover the window…