Burr v. Goord

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 Superintendent of Shawangunk Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Following a disciplinary hearing, petitioner was found guilty *920of disobeying a direct order and not guilty of creating a disturbance. Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination of guilt. The misbehavior report relates that after being seen on sick call, petitioner…