Young v. Prack
| Decision Date | 22 September 2016 |
| Citation | 38 N.Y.S.3d 630,2016 N.Y. Slip Op. 06121,142 A.D.3d 1226 |
| Parties | In the Matter of Aaron Isaiah YOUNG, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent. |
| Court | New York Supreme Court — Appellate Division |
142 A.D.3d 1226
38 N.Y.S.3d 630
2016 N.Y. Slip Op. 06121
In the Matter of Aaron Isaiah YOUNG, Petitioner,
v.
Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Supreme Court, Appellate Division, Third Department, New York.
Sept. 22, 2016.
Aaron Isaiah Young, Ossining, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: McCARTHY, J.P., EGAN JR., LYNCH, CLARK and AARONS, JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections
and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with assaulting staff, refusing a direct order, engaging in violent conduct, creating a disturbance and making threats. The misbehavior report alleged that, while being escorted by a correction officer, petitioner refused to follow an order to keep his hands in his pockets and his head facing straight forward, and he suddenly turned and attempted to
strike the officer, initiating a physical altercation that continued until responding staff arrived. The misbehavior report further alleged that, during the altercation, petitioner failed to comply with directives to stop resisting the officers' attempts to bring him under their control. A tier III disciplinary hearing resulted in petitioner being found guilty of three of the charges—assaulting staff, refusing a direct order and engaging in violent conduct. The determination was affirmed on administrative appeal, and petitioner then commenced this CPLR article 78 proceeding.
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