Burgess 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 challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit possession of a weapon, possession of an escape plan, possession of an altered item and destruction of State property. We reject petitioner’s contention that the misbehavior report, particularly with respect to the charge of possession of an…