Kemp 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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits conspiracy to assault another inmate. The misbehavior report, included in the evidence presented at the disciplinary hearing, revealed that the reporting correction officer had received information from a confidential source indicating that…