McKethan v. Selsky

Having attempted to engage in a physical altercation with another inmate, petitioner was charged in a misbehavior report with, among other things, creating a disturbance and engaging in violent conduct. A tier III disciplinary hearing ensued, during which extensive testimony was given by petitioner, three other inmates and two correction officers. At the conclusion of the hearing, petitioner was found guilty of the two charges. That determination was affirmed upon administrative appeal and petitioner commenced this CPLR article 78 proceeding.

We confirm. Initially, although the hearing…