Lewis v. Rivera

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

Following an incident in the mess hall during which petitioner purportedly became irate and belligerent toward a correction officer, he was charged in a misbehavior report with creating a disturbance and refusing a direct order. At the ensuing tier II *1121disciplinary hearing, petitioner requested to view a videotape of the incident to establish that he did not…