Green v. Senkowski

Appeal from a judgment of the Supreme Court (McGill, J.), entered November 22, 1999 in Clinton 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 certain prison disciplinary rules.

Petitioner challenges a tier II disciplinary determination that found him guilty of violating the prison disciplinary rules that prohibit inmates from performing an unhygienic act and disobeying a direct order. The charges stemmed from petition*1007er’s conduct of spitting on the floor and on the…