Brown v. Goord

—Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered December 16, 1999 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

*822Petitioner was found guilty of creating a disturbance, assaulting a staff member and interfering with an employee after he jumped on the back of a correction officer and kicked him. In this CPLR article 78 proceeding challenging that determination,…