Innis v. Ricks

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged with violating the prison disciplinary rule that prohibits inmates from, inter alia, urging other inmates to participate in an inmate strike or work stoppage (see, 7 NYCRR 270.2 [B] [5] [iii]). Following a tier III disciplinary hearing, petitioner was found guilty and a penalty of 18 months in a…