Claudio v. Selsky

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of assault on another inmate based upon the misbehavior report outlining the circumstances of the assault, the testimony of various witnesses and petitioner’s *679own plea of guilty to the charge. Initially, we note that petitioner’s guilty plea to…