Weathersby v. Goord

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

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules which prohibit inmates from being out of place and stealing or wasting State property. These charges were filed after the head cook of the correctional facility reported that petitioner, a porter, had taken a styrofoam tray belonging…