Matter of Marino v. Racette

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 respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with disobeying a direct order, being out of place and creating a disturbance after he went to the law library and failed to report to work in the mess hall as scheduled. Following a tier II disciplinary hearing, petitioner was found guilty of being out of place and not guilty of the remaining charges. The determination…