Excell v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner was found guilty of possession of a controlled substance in violation of a prison disciplinary rule. That determination was upheld on administrative appeal and petitioner commenced this CPLR article 78 proceeding challenging it.

We confirm. The testimony of the correction officer who conducted the pat frisk of…