Garcia 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of engaging in a sexual act and violating visiting room procedures. According to the misbehavior report, two correction officers witnessed petitioner’s visitor fondling his groin and then place his penis back in his pants after one…