Barnes v. Prack

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 4, 2012 in Franklin County, which dismissed *1029petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

When a correction officer delivered legal mail to petitioner and requested him to sign for it, petitioner became agitated, used profanity toward the officer and threatened to harm the officer and his family when he was released from prison. As a…