Panek 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 certain prison disciplinary rules and revoked his participation in a temporary release program.

Petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit consuming alcohol *967and noncompliance with temporary release program rules. According to the misbehavior report, when petitioner returned from a one-day community service furlough, he had a red…