Appellate Division of the Supreme Court of the State of New York November 9, 2006 (Accardi v. Goord)

*946Proceeding 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 and another inmate were assigned to unload pallets from a food delivery truck and bring them to the rear kitchen area.