Graham v. McKinney

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

On September 30, 2004, petitioner became loud and used profane language toward a correction officer after the officer instructed him to wear proper attire while lying on his bed and to remove a robe covering his head. As a result, petitioner was charged in a misbehavior report with harassment, disturbing the order of the facility and failing to…