Kelly 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.

Following a physical altercation with another inmate, petitioner was charged by two separate misbehavior reports with violating various prison disciplinary rules. After a tier III disciplinary hearing, at which he pleaded guilty to the charges contained in the second misbehavior report, petitioner was found guilty of fighting and engaging in violent…