Burgess v. Goord

—Mercure, J.

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 a prison disciplinary rule.

During the course of a May 7, 1999 incident in a prison yard, an inmate (hereinafter the victim) was observed picking up a weapon, chasing after petitioner and slashing at him with the weapon. As a result of that incident, petitioner was served with a misbehavior report charging him with violent conduct, *754fighting…