Bell v. Couture

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II hearing disposing of two misbehavior reports, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit inmates from making threats and refusing a direct order. According to the first misbehavior report, petitioner told his instructor in a loud voice that if she tried to “ticket” him…