Witherspoon v. Goord

—Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered May 3, 2000 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rules prohibiting inmates from participating in a demonstration, refusing a direct order and failing to follow facility rules regarding movement. Upon administrative appeal, the demonstration charge was…