Cruz 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 certain prison disciplinary rules.

*570Following a tier III hearing, petitioner was found guilty of creating a disturbance and making threats. The record reveals that petitioner, believing he was being ignored, shouted and kicked his cell door to gain attention. When this did not result in petitioner being moved to another cell, petitioner verbally threatened his cellmate with physical harm. In…