Tenace v. Lombard

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

After receiving a letter from the Clinton County Clerk, petitioner was directed by a correction officer to turn the letter over to him. Petitioner did so but then snatched the letter back from the correction officer, ripped it into pieces and tried to swallow it. He then refused orders to spit out the letter, but eventually…