Berta 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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II prison disciplinary hearing, petitioner, an inmate at Elmira Correctional Facility in Chemung County, *933was found guilty of violating a prison disciplinary rule prohibiting inmates from possessing contraband after correction officers found 51 pieces of homemade incense in his cell. Petitioner’s admission that the incense was his, along with the…