Rodriguez 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 was the subject of a misbehavior report authored by a correction officer who had witnessed the exchange of a shiny object, later determined to be a metal weapon, between petitioner and a fellow inmate. This report, together with the testimony of the reporting officer at petitioner’s disciplinary hearing, provided…