Lopez 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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

In January 2000, petitioner was found guilty of violating the *758prison disciplinary rules that prohibit assault and violent conduct. Evidence presented at the disciplinary hearing included the misbehavior report which related that petitioner and an unidentified inmate had approached a third inmate in a bathroom where…