Bernier v. Mann

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

Petitioner, an inmate at Shawangunk Correctional Facility in Ulster County, was involved in a demonstration at the prison for which he was subsequently found guilty after a Tier III disciplinary hearing of refusing to obey a direct order (see, 7 NYCRR 270.2 [B] [7] [i]), participating in a sit-in (see, 7…