Valentine v. Goord

Appeal from a judgment of the Supreme Court (Clemente, J.), entered June 8, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Superintendent of Lyon Mountain Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, an inmate, was charged in a misbehavior report with refusing a direct order after he failed to clean a cow pen as instructed by the head farmer during a work program. Following a tier II disciplinary hearing, petitioner was found guilty of…