Flemming v. Rock

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 and a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with disobeying a direct order and violating mess hall serving procedures after he refused to hand his feed-up tray out of his cell during the morning collection. Following a tier III disciplinary hearing at which…