West v. Goord

Mercure, J. P.

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 the prison disciplinary rules that prohibit inmates from assault on staff, interference with an employee, refusing a direct order and violent conduct. This determination stemmed from a misbehavior report alleging that petitioner, inter alia, struck a correction…