Olave 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

While an inmate at Fishkill Correctional Facility in Dutchess County, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits smuggling or attempted smuggling. The charges stemmed from an investigation of petitioner’s telephone conversations wherein petitioner, petitioner’s…