Muniz 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 Superintendent of Gouverneur Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was charged in a misbehavior report with disobeying a direct order, being out of place and harassing an employee after he refused orders to report to his assigned program and made an obscene comment about a counselor. A tier II disciplinary hearing was held, and petitioner was found…