Larkins v. Goord

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

Following a physical altercation with a correction officer, petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct and refusing a direct order. He was found guilty of these charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. Petitioner then commenced this…