Salahuddin v. Gourd

Appeal from a judgment of the Supreme Court (Benza, J.), entered November 9, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from engaging in conduct entailing the threat of violence. The determination resulted from his involvement, along with five others, in the assault of another inmate in December 2000. Petitioner commenced a CPLR article 78 proceeding challenging the determination, which was confirmed by this Court in April 2002 (Matter of Salahuddin…