Espinal v. Coughlin

— Yesawich, Jr., J.

Appeal from a judgment of the Supreme Court (Klein, J.), entered October 31, 1988 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, presumably a non-English-speaking inmate, was found guilty in a Tier III hearing of violating the prison disciplinary rule against violent conduct and conduct threatening violence (see, 7 NYCRR 270.1 [b] [5] [ii]) for grasping out of his cell at a correction officer’s pocket…