Fludd v. Goord

*930Proceeding 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.

During an investigation, it was discovered that petitioner had sold heroin to another inmate and had directed that the payment be sent to petitioner’s brother in Brooklyn. As a result, he was charged in a misbehavior report with the sale of a controlled substance and was found guilty following a tier III disciplinary hearing. After the determination was affirmed…