Hop Wah v. Coughlin

Kane, J. P.

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 respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged with and found guilty of violating prison disciplinary rule 100.10 prohibiting assault (see, 7 NYCRR 270.1 [B] [1] [i]) after an incident during which he twice threw a cup of milk onto a correction officer. The sole *888basis for petitioner’s challenge to the determination is that the act, admitted to by petitioner, did not constitute…