Appellate Division of the Supreme Court of the State of New York March 1, 2007 (Abreu 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 was observed by a female correction officer exposing his genitals and masturbating while on the telephone.