Webb v. McGinnis

—Appeal from a judgment of the Supreme Court (Castellino, J.), entered May 4, 1999 in Chemung 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 a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of refusing a direct order after a correction officer ordered petitioner to turn his cell light on and he refused to comply. Petitioner’s administrative appeal was unsuccessful and he thereafter commenced this CPLR…