Tarbell v. Senkowski

—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 respondents which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of verbally harassing a staff member and refusing a direct order as a result of an incident wherein he swore at Correction Officer T. Bezio and refused a direct order to lock in his cell. Petitioner’s administrative appeal was unsuccessful and he thereafter commenced…