Brown 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules which prohibit inmates from engaging in sexual acts, possessing a weapon and being out of place. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt. Respondents moved to dismiss the…