Ramos v. Fischer

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

While a correction officer was escorting petitioner to a bus, petitioner became argumentative and refused to proceed further than the second step. When the officer directed petitioner to get onto the bus, petitioner spit in the officer’s face. As a result, the officer prepared a misbehavior report charging petitioner with *1531refusing a direct order, engaging…