Gibson v. Goord

Mercure, J.P.

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 1, 2001 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

After a tier III hearing, petitioner was found guilty of violating facility correspondence procedures based on evidence that he mailed a letter to his cousin, whose name appeared on petitioner’s negative correspondence list. Contrary to petitioner’s assertion, the record contains…