Kwiatkowski 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.

*987Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct, creating a disturbance, harassment, refusing a direct order and making threats. According to the misbehavior report, a correction officer witnessed petitioner taking a plastic bag from an officer’s desk.…