Luna v. Department of Correctional Services

*714Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Sullivan County) to review a determination of the Superintendent of Marcy Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Based upon an interview with an inmate who claimed to have been attacked by several other inmates, petitioner was issued a misbehavior report charging him with violating the prison disciplinary rule prohibiting fighting. At the conclusion of the tier II administrative hearing that followed, the Hearing Officer, relying upon…