Gathers 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.

After an investigation into petitioner’s allegation that he was attacked by three unknown correction officers who choked him unconscious and then inserted and broke a broom handle in his rectum, petitioner was charged in a misbehavior report with violating the prison disciplinary rules that prohibit lying, destroying state property and causing…