Tafari v. Selsky

Appeal from a judgment of the Supreme Court (Stein, J.), entered July 16, 2007 in Albany 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, a prison inmate, was escorted back to his cell and, after he entered his cell, he moved his mattress to block the cell door from closing and refused to remove it despite direct orders to do so. As a result, he was served with a misbehavior report and, following a tier III disciplinary…