Perkins 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.

Following a tier III disciplinary hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting violent conduct, harassment and making threats. According to the misbehavior report, petitioner accused a correction officer of hindering his access to a shower and then became verbally abusive and made various threats. The misbehavior…