Rivera v. Senkowski

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from being out of place. According to the misbehavior report, petitioner was told to stand on a platform; however, the author of the misbehavior report later saw him standing in the smoking area socializing. Petitioner’s…