Baxter 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.

Petitioner, an inmate, was charged in a misbehavior report with fighting, violent conduct, creating a disturbance and refusing a direct order. He pleaded guilty to refusing a direct order and, following a tier III disciplinary hearing, was found guilty of the remaining charges. Having exhausted his administrative remedies, petitioner now brings this CPLR…