McAllister 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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with violent conduct and making threats. Following a tier III disciplinary hearing, he was found guilty of both charges. Petitioner thereafter exhausted his administrative remedies and commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, hearing testimony and the…