Ortiz 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 a prison disciplinary rule.

After a pat frisk, petitioner was charged with violating the prison disciplinary rule which prohibits the possession of controlled substances. At the conclusion of a tier III hearing, petitioner was found guilty of the charge, a finding which was affirmed on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding to review the…