Dunham v. Goord

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

Petitioner was found guilty of disobeying a direct order in violation of a prison disciplinary rule. The misbehavior report establishes that petitioner confronted the correction officer who later authored the report regarding a warning slip that petitioner had received. After petitioner began yelling, the correction officer…