Henriquez v. Dubray

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 fon rid petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was charged in a misbehavior report with verbally threatening a facility employee. After a tier III disciplinary hearing, petitioner was found guilty. Petitioner’s *1351unsuccessful administrative appeal prompted this CPLR article 78 proceeding challenging the determination.

The determination of guilt is…