Deleon v. Prack

*1205Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.

A substance abuse program assistant overheard petitioner declare to other inmates that he was going to hit the assistant “over the head with a . . . chair” if he was kept in the program for a prolonged period of time. Petitioner was accordingly charged in a misbehavior report with violating various prison disciplinary…