Moore 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a disciplinary hearing, petitioner, a prison inmate, was found guilty of rioting, possessing a weapon and refusing to obey a direct order in violation of certain prison disciplinary *928rules.* The correction officer who witnessed the incident stated in the misbehavior report that he observed a verbal…