Shell v. Goord

Appeal from a judgment of the Supreme Court (McNamara, J.), entered October 22, 2001 in Albany County, as amended by a judgment entered November 26, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner appeals from the dismissal of his petition seeking to annul a determination made after a tier III prison disciplinary hearing on the basis that he was denied the conditional right to call witnesses at that hearing.…