Vanier 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 certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating a facility correspondence procedure and refusing a direct order. Initially, the Attorney General concedes, and based on our review of the record we agree, that there is insufficient evidence to support the charge of refusing a direct order.…