Ortiz v. Mantello

—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 a prison disciplinary rule.

Following a tier II hearing, petitioner pleaded guilty with an explanation to violating a prison disciplinary rule prohibiting prisoners from being out of place. The misbehavior report stated that petitioner was found in the yard rather than in the print shop for which he was scheduled all day. The Hearing Officer, relying on the misbehavior report and…