Rivera v. Fischer

*1064Petitioner, a prison inmate, was found guilty following a tier III disciplinary hearing of making threats, refusing a direct order and interfering with an employee. The administrative affirmance of that determination prompted petitioner to commence this CPLR article 78 proceeding seeking annulment.

As an initial matter, we note that, contrary to petitioner’s assertion, Supreme Court properly transferred the proceeding to this Court inasmuch as the petition raises a question of substantial evidence (see Matter of Rodriguez v Goord, 40 AD3d 1324, 1325 [2007]). Turning to the merits, the…