Jackson v. Portuando

Proceeding 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 Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit refusing to obey a direct order and refusing to comply with a staff member’s direction to move. Presented in evidence at petitioner’s disciplinary hearing was the misbehavior report, authored by a correction officer, who…