Malloy 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 a prison disciplinary rule.

A search of petitioner’s prison cell recovered several letters which, upon review by a correction officer with specialized training relative to gangs, were determined to include gang-related references. As a result, petitioner was charged in a misbehavior report with possession of unauthorized organizational materials. A tier III disciplinary hearing ensued, at…