Price 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 challenges a determination finding him guilty of violating the prison disciplinary rules against creating a dis*626turbance and attempted assault. As related in the misbehavior report and testimony of the reporting correction officer, petitioner was seen swinging a fence board with a nail in it at a retreating unknown inmate in the prison yard where…