Rivera v. Selsky

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner challenges a prison disciplinary determination finding him guilty of violating inmate rules 104.10 (7 NYCRR 270.2 [B] [5] [i] [rioting]), 104.11 (7 NYCRR 270.2 [B] [5] [ii] [engaging in violent conduct]) and 100.10 (7 NYCRR 270.2 [B] [1] [i] [assaulting ah inmate]). Respondent contends that the proceeding must be dismissed for lack of jurisdiction. Although Supreme Court should have ruled on respondent’s lack of jurisdiction defense prior to transfer (see, CPLR 7804 [g]), the record does not…