Belle 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 Superintendent of Mohawk Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II hearing, petitioner, a prison inmate, was found guilty of creating a disturbance, refusing a direct order and making false statements. The misbehavior report, combined with the corroborating testimony by the correction officer who authored the misbehavior report and the inmate who heard…