Barnes v. Goord

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

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting fighting, violent conduct, creating a disturbance and refusing a direct order. *616Initially, petitioner’s claim that his hearing was not timely commenced is unpersuasive as he erroneously counted the day on…