Backman 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 was found guilty of violating the prison disciplinary rules prohibiting the creation of a disturbance, interference with a staff member, harassment and making threats. The misbehavior report relates that during a general lockdown of the correctional facility, petitioner was permitted to leave his cell to take a shower. Instead of proceeding…