Suazo v. Goord

Mercure, J.P.

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 certain prison disciplinary rules.

While incarcerated at Cape Vincent Correctional Facility in Jefferson County, petitioner and two other inmates allegedly chased and struck another inmate in the gymnasium. As a result, petitioner was charged in a misbehavior report with assault, fighting and creating a disturbance. Later that day,…