Barnes v. Prack

Shortly after the above incident, petitioner was observed repeatedly flushing the toilet in his cell until it flooded and again using profane and threatening language toward correction officers who were nearby. He was charged in a second *1278misbehavior report with engaging in harassment, making threats, flooding his cell and committing an unhygienic act. Following a tier III disciplinary hearing, he was found guilty of these charges as well and this determination was also upheld on administrative appeal. Petitioner commenced this CPLR article 78 proceeding challenging both disciplinary…