Callens v. Goord

—Rose, J. 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, and ultimately found guilty of, violating the prison disciplinary rule against urging others to participate in a work stoppage. Petitioner commenced this CPLR article 78 proceeding contending that the determination, based primarily on confidential information, is not supported by substantial evidence. We agree.

It is well…