Phillips 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 a prison disciplinary rule.

Petitioner, a prison inmate, was charged with violating prison disciplinary rules which prohibit inmates being out of place, giving false statements or information and leaving an assigned area without authorization. After a tier III hearing, petitioner was found guilty of being out of place. After an unsuccessful…