Harris v. Deputy Superintendent of Security Piccolo

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Cor*1045rections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

After petitioner was placed in a double bunk cell, he became agitated and told a correction sergeant to “get him out of his cell [or] he was going to inflict serious damage.” Petitioner was charged in a misbehavior report with refusing to double bunk and making threats and, following a tier III disciplinary…