Hernandez v. Goord

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 respondent which found petitioner guilty of violating a prison disciplinary rule.

In September 2003, petitioner sent a homemade anniversary card to a couple whose home he had burglarized in September 1997 to commemorate the anniversary date of the burglary. The couple complained to the superintendent of the facility where petitioner was incarcerated. As a result, he was charged in a misbehavior report with harassment. He was found guilty of…