Beery v. Goord

Appeal from a judgment of the Supreme Court (Lamont, J.), entered October 12, 2006 in Albany 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 certain prison disciplinary rules.

Petitioner became disruptive in his cell on December 30, 2005 and was charged in one misbehavior report with creating a disturbance and harassment, and in a second with assaulting staff, engaging in violent conduct, refusing a direct order and interfering with an employee. Following a tier III…