Hayes v. Goord

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

Petitioner, a prison inmate, was found guilty after a tier III hearing of being out of place in violation of prison disciplinary rule 109.10 (7 NYCRR 270.2 [B] [10] [i]). The misbehavior *814report related that on June 19, 1999, petitioner and another inmate left the prison library without permission and went to the agricultural class area where they pried open hasps…