Wilson 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner became verbally abusive during a pat frisk and tried to strike a correction officer, requiring the use of mechanical restraints to subdue him. As a result of this incident, he was charged in a misbehavior report with assaulting staff, refusing a direct order, engaging in harassment and failing to comply with frisk procedures. At a subsequent tier…