Bernier 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.

Petitioner, a prison inmate, challenges the determination finding him guilty of violent conduct, assault on a staff member, refusing a direct order and damage to personal property. The charges stemmed from petitioner’s conduct at a prior disciplinary hearing at which petitioner refused to leave and, thereafter, struck…