Anekwe v. Ercole

Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of Green Haven Correctional Facility dated November 20, 2008, which confirmed a determination of a hearing officer dated September 19, 2008, made after a tier III disciplinary hearing, finding the petitioner guilty of violating a prison disciplinary rule and imposing a penalty.

Adjudged that the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, the testimony of a correction officer, along…