Matter of Williams v. Kirkpatrick

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

Petitioner was charged in a misbehavior report with interfering with an employee, disobeying a direct order and harassment. The misbehavior report relates that, at sick call callouts, petitioner was observed by a correction officer screaming at the top of his lungs at one of the nurses. He failed to comply with the correction officer’s orders to quiet down.…