Harrell v. O'Keefe

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

Petitioner was found guilty of violating the prison disciplinary rule prohibiting harassment. Included in the evidence presented at petitioner’s disciplinary hearing was a misbehavior report relating that petitioner had interrupted a correction officer who was giving instructions on the use of the facility’s law library by stating, “I am getting tired of…