De Armas 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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits the commission of an unhygienic act. *669The correction officer who authored the misbehavior report related therein that he was conducting a routine search of petitioner’s cube when he came upon two containers of yellow fluid. Petitioner explained that the fluid was urine that he was…