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MATTER OF TARBELL v. SENKOWSKI

260 A.D.2d 807 (1999)

688 N.Y.S.2d 281

In the Matter of ROY J. TARBELL, Petitioner, v. DANIEL A. SENKOWSKI, as Superintendent of Clinton Correctional Facility, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 15, 1999.

Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of verbally harassing a staff member and refusing a direct order as a result of an incident wherein he swore at Correction Officer T. Bezio and refused a direct order to lock in his cell. Petitioner's administrative appeal was unsuccessful and he thereafter commenced this CPLR article 78 proceeding challenging the determination of guilt. We confirm. The clear and detailed misbehavior report...

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