Caroselli v. Goord

Appeal from a judgment of the Supreme Court (Lamont, J.), entered August 17, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, currently an inmate at Shawangunk Correctional Facility in Ulster County, was charged in a misbehavior report dated November 20, 2003 with violating the prison disciplinary rule that prohibits inmates from committing a Penal Law offense. The charge flowed from petitioner’s November…