Rudolph 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 a prison disciplinary rule.

Petitioner was charged with, and found guilty of, violating the prison disciplinary rule against soliciting following an ongoing investigation into petitioner’s use of the telephone phone home program to solicit funds from a volunteer service person.* Initially, we reject petitioner’s claim that the misbehavior report was not…