Josey v. Goord

Appeal from a judgment of the Supreme Court (Spargo, J.), entered October 6, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CFLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

On July 17, 2003, while incarcerated at Green Haven Correctional Facility in Dutchess County, petitioner stabbed another inmate, ultimately causing his death. A misbehavior report was thereafter prepared and, after a tier III disciplinary hearing, petitioner was found guilty of assault, fighting and…