Brown v. Goord

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered March 27, 2001 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

While on temporary release, petitioner called 911 for assistance because of a drug and alcohol overdose. Upon his return *902to the facility, he was charged in a misbehavior report with both drug and -alcohol use, together with a violation of temporary release rules as a result thereof. After a…