Tominaro 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 a prison disciplinary rule.

Two searches were conducted on petitioner’s cell. The first search revealed no weapon. The subsequent search, conducted several hours later, revealed two 10-inch pieces of sharpened plexiglass located in one of petitioner’s bedposts. Following a tier III hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from…