Brown v. Goord

Appeal from a judgment of the Supreme Court (Tait, Jr., J), entered July 20, 2004 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of disobeying a direct order and violating urinalysis testing procedures. The misbehavior report relates that shortly after being ordered to submit a urine…