Wilson v. Fischer

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.

Following a tier III disciplinary hearing, petitioner was found guilty of threatening another inmate. The determination was affirmed upon administrative appeal with a modified penalty, and this CPLR article 78 proceeding ensued.

*1478We confirm. Initially, we reject petitioner’s contention that the misbehavior report failed to provide him with sufficient notice of the…