Rose 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 respondents which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting the starting of a fire after a correction officer witnessed him using his cigarette to ignite a napkin. Contrary to petitioner’s contention, we find that the misbehavior report and the testimony of its author, the correction…