Bonez v. McGinnis

—Appeal from a judgment of the Supreme Court (Castellino, J.), entered August 23, 2001 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was a patient in the correctional facility’s infirmary when he became argumentative and belligerent toward *815staff members who were attempting to explain the surgical procedure that he was about to undergo. When a correction officer instructed petitioner to quiet down, he responded…