Nieves v. Coughlin

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.

According to the misbehavior report of Correction Officer C. F. Kelly, Jr., on July 17, 1988 petitioner, who was serving one year in the special housing unit (hereinafter SHU) at Great Meadow Correctional Facility in Washington County, called Kelly to his cell and stated: “I know you helped set me up. * * * It don’t matter to me, I’ll do a year in the box and then *946…