Tafari v. Fischer
Opinion of the Court
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered September 19, 2011 in Franklin County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.
While confined to the lower holding pen, petitioner became loud and boisterous, and used disrespectful language when referring to two correction officers. He also ignored a correction officer’s directives to stop yelling. As a result, he was charged in a misbehavior report with engaging in verbal harassment, disturbing the order of the facility and refusing a direct order. Petitioner was found guilty of the charges at the conclusion of a tier III disciplinary hearing, and the determination was upheld on administrative appeal with a modified penalty. Petitioner then commenced this CPLR article 78 proceeding challenging the determination and, following joinder of issue, Supreme Court dismissed the petition. This appeal ensued.
Petitioner’s sole contention is that he was improperly denied
Mercure, J.P., Spain, Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs. [Prior Case History: 2011 NY Slip Op 33217(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.