Foot 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, was found guilty of violating the prison disciplinary rules prohibiting inmates from refusing to obey a direct order and engaging in conduct which creates a disturbance or involves the threat of violence. The misbehavior report relates that following a level II incident on petitioner’s cell block, petitioner refused to obey a…