Moore v. Portuondo

—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 which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from being out of place after he failed to leave the facility exercise yard with his cell block after a “go back” call. Petitioner’s guilt was affirmed upon administrative appeal and he then commenced this CPLR…