Fugate 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.

*627Petitioner was found guilty of violating the prison disciplinary rule which prohibits the possession of a weapon after a search of his cell revealed a 6V2-inch metal shank in a box labeled Domeboro found hidden behind a locker. The record reveals that petitioner had been issued the Domeboro medication three months earlier.…