Porter v. Goord

Appeal from a judgment of the Supreme Court (Hemmett, Jr., J.), entered December 12, 2000 in Washington County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting assault on staff stemming from his conduct of kicking a correction officer while being removed from his cell. Petitioner’s subsequent review pursuant to CPLR article *72478 was dismissed by Supreme Court, prompting…