Bernier v. Goord

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

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit fighting, violent conduct and interference with an employee. The misbehavior report relates that while an inmate was being escorted to the common area, petitioner suddenly kicked the inmate in the chest. As a result of the incident, the day…