Matter of Petty v. Prack

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.

After another inmate unplugged the television that petitioner had been watching, a verbal disagreement ensued. Thereafter, petitioner was charged in a misbehavior report with violent conduct and creating a disturbance. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. On…