Smith v. Martuscello

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

While making rounds, a correction officer observed a towel hanging across the door of petitioner’s cell and petitioner was given a direct order to remove the towel, which he ignored. Thereafter, petitioner became irate and threatened the officer, using profanity, which resulted in a misbehavior report charging him with various disciplinary infractions.…