Gantt v. Girdich

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Superintendent of Franklin Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits destroying state property. The charges stemmed from an investigation prompted by a report from a correction officer that sand had been found in the oil pans of several facility lawn mowers. The investigating officer testified that…