Bazil 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.

Petitioner was charged with violating the prison disciplinary rules that prohibit refusing a direct order and refusing a double-cell assignment. Following a hearing, petitioner was found guilty of refusing a double-cell assignment based in part upon his plea of guilty thereto, but was found not guilty of refusing a direct order. Petitioner asserts that it is…