Burgess v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) *1145to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was found to be in possession of two law library books, one of which was concealed by a cover and the other having the library marking torn out. At the conclusion of the ensuing tier III disciplinary hearing, he was found guilty of smuggling, altering items and damaging state property. The determination was upheld on administrative…