Perez 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting possession of marihuana and smuggling. As related in the misbehavior report, a correction officer observed petitioner on the bleachers in the facility’s gymnasium passing a hand-rolled cigarette to another inmate. The cigarette was…