Doggett v. Goord

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from refusing program assignments. In connection therewith, a $5 mandatory disciplinary surcharge was imposed upon petitioner. Inasmuch as it has been held that the assessment of a mandatory…