Matter of Muhammad v. Gonyea

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 finding petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with smoking and possessing authorized property in an unauthorized area. According to the report, a correction officer smelled smoke coming from inside an inmate bathroom. Petitioner was observed exiting the bathroom and was ordered to empty his pockets, revealing a cigarette lighter and three cigarettes. Following a tier…