Martinez 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 certain prison disciplinary rules.

After observing that feces had been thrown into an inmate’s cell and caused damage to a mattress during a time period when only petitioner was in the position from which the feces apparently were thrown, a correction officer charged petitioner in a misbehavior report with committing an unhygienic act and damaging state property. Petitioner was found guilty…