Evans v. Rivera

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating prison disciplinary rules that prohibit encouraging others to participate in a work stoppage, disobeying a direct order and inflicting bodily harm on himself. Following an administrative appeal, the charge of inflicting harm was dismissed.

According to the misbehavior report which…