Lebron v. Artus

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review two determinations of respondent which found petitioner guilty of violating certain prison disciplinary rules.

As a result of petitioner’s refusal to exit his cell during a *1109mandatory call out, he was charged in a misbehavior report with a facility movement violation. Petitioner was found guilty of the charge following a tier II disciplinary hearing, and the determination was affirmed on administrative appeal. Thereafter, petitioner was charged in a second…