Markou 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting the unauthorized possession of controlled substances. As related in the misbehavior report, petitioner was being escorted from the prison recreation yard when he threw a small packet into a ditch. The packet was retrieved by the reporting…