Lewis 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 which found petitioner guilty of violating certain prison disciplinary rules.

At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order, refusing frisk procedures and violent conduct. Following affirmance on administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination of guilt.

*1224We confirm. The misbehavior report and hearing testimony…