Kha'Sun Creator Allah v. Leclaire

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 22, 2007 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of refusing a direct order, making threats, damaging state property, and obstructing visibility into his cell. Finding petitioner’s procedural challenges to be without merit,…