Davis v. Bennett

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a verbal altercation with another inmate, petitioner was found guilty of creating a disturbance and failing to comply with the mess hall seating policy in violation of certain prison disciplinary rules. Contrary to petitioner’s contention on appeal, the detailed misbehavior report written by the correction officer…