Moore v. Goord

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered January 10, 2000 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

A tier III disciplinary hearing was held at which petitioner ultimately pleaded guilty of violating the prison disciplinary rule against disturbing the order of the facility. The misbehavior report relates that at 11:30 p.m. on February 28, 1999, petitioner was yelling and banging on a bathroom stall,…