El-Hajj Malik El-Shabazz v. Selsky

—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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of refusing to lock-in his cell, assaulting a staff member and refusing a direct order. As detailed in the misbehavior report, on October 19, 1997 petitioner allegedly refused an order from Correction Officer W. Powers to lock-in his cell, stating instead that he was…