Scott v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of smuggling and theft after it was determined that he stole food from the mess hall. It was alleged that petitioner, who worked cleaning the mess hall garbage cans, concealed food in them under their liners. At the tier III hearing, a Deputy Superintendent testified that while conducting a disciplinary…