Rivera 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 was found guilty of attempted assault on staff, making threats and being out of place in violation of various prison disciplinary rules. The misbehavior report indicates that petitioner lunged at a correction officer with his hand raised and yelled “quit messing with me woman” after the correction officer questioned his presence in the hallway.…