Colon 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 a prison disciplinary rule.

Following a tier III hearing, petitioner, a prison inmate, was found guilty of possession of a weapon. The misbehavior report alleged that a six-inch metal rod, sharpened to a point, was discovered in petitioner’s cell. While petitioner asserts that the cell was not searched before he moved into it and that he had only been in the cell for a week, this is…