Pizarro v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing controlled substances after a packet of heroin was found in one of his gloves. The determination of guilt was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued. We find that the misbehavior report, together with the testimony of…