Kemp 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.

Petitioner was found guilty of violating prison disciplinary rules which prohibit assault on a staff member and possession of unauthorized organizational material. As related in the misbehavior report, a search by correction officers of petitioner’s cell disclosed a six-page letter containing references to an…