Pena 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.

Petitioner was found guilty of violating the prison disciplinary rules that prohibit fighting, violent conduct, assault on another inmate and possession of a weapon. Included in the evidence presented at petitioner’s disciplinary hearing were two detailed misbehavior reports and the testimony of the correction officers…