Rucano 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 certain prison disciplinary rules.

Petitioner, a prison inmate, challenges a determination finding him guilty of assaulting staff and disobeying a direct order in violation of prison disciplinary rules. The misbehavior report, written by the correction officer who was the victim of the assault, indicates that after petitioner entered the office in the mess hall and began yelling obscenities…