Howard 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 commenced this CPLR article 78 proceeding challenging a determination finding him guilty of assault on an inmate and possession of a weapon, violations of prison disciplinary rules. We confirm. The misbehavior report and the testimony of the inmate victim provide substantial evidence supporting the determination of guilt (see Matter of Foster v…