Johnson v. Barkley

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of contraband. The misbehavior report stated that on February 6, 1998 a correction officer discovered a mess hall fork under petitioner’s locker while performing a “cube” search. In our view, the clear and detailed…