Santiago 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.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rules that prohibit assault and possessing an altered item. Initially, respondent concedes that the finding of petitioner’s guilt on the altered item charge is not supported by substantial evidence thereby requiring that…