Jackson v. Brown

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination finding him guilty of disobeying a direct order. Having reviewed the record, we must annul.

The misbehavior report, as amplified by the hearing testimony, reveals that the conduct underlying the charge was petitioner’s failure to respond to the industry superintendent when he twice asked petitioner why he was standing by the vocational gate. Given that the superintendent merely asked petitioner a question and never actually gave him any directive, we cannot conclude that…