Guerrero 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 Cor*859rectional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in two misbehavior reports with disobeying a direct order, engaging in an unhygienic act and two counts of creating a disturbance. The charges contained in the first misbehavior report detail petitioner’s unhygienic act in the gymnasium of the correctional facility and his…