Tumminia v. Coughlin

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

*384Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was charged in a misbehavior report with assault, fighting and possession of contraband. The report, authored by a correction officer, recited that he observed petitioner try to stab another inmate with two ink pens while they were in the inmate bathroom. At a tier III…