Loper v. Greene

Appeal from a judgment of the Supreme Court (Berke, J.), entered August 10, 2004 in Washington County, which partially dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review four determinations of respondent *948Superintendent of Great Meadow Correctional Facility finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in five misbehavior reports with refusing direct orders as the result of his failure to cooperate with correction officers during meal times on five separate occasions. The first incident occurred on June…