De Maio v. Coughlin

—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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting threats and demonstrations after an incident in which he verbally threatened a correction officer and incited other inmates to throw hot water at prison staff. Petitioner contends that he was denied due process because the…