Rivera v. Pilon

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 certain prison disciplinary rules.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of harassment and making threats. We now confirm.

*762To the extent that petitioner challenges the determination of guilt on an evidentiary basis, the misbehavior report, authored by the…