Cruise 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 a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing escape paraphernalia, to wit, a homemade handcuff key. Although the key was never found, the misbehavior report relates that, following a confidential tip, petitioner was questioned by correction officers and he admitted…