Ellington v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a deter*920mination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from possessing weapons. As set forth in the misbehavior report, the reporting correction officer was assisting in a routine search of petitioner’s dormitory when he observed petitioner running from his cube toward the end of the building, holding an object in his hand…