Tenace 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 certain prison disciplinary rules.

In June 1998 petitioner, a prison inmate, was served with a misbehavior report charging him with possession of unauthorized organizational materials, possession of stolen State property and possession of contraband. The charges stemmed from a search of petitioner’s cell which resulted in the confiscation of, inter alia,…