Spaulding v. Goord

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 23, 2004 in Clinton County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

While an inmate at Southport Correctional Facility in Chemung County, petitioner commenced a CPLR article 78 proceeding challenging a determination finding him guilty of violating certain prison disciplinary rules after the transcript of the hearing could not be produced. By…