Peets v. Bezio

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with fighting, creating a disturbance and disobeying a direct order. Following a tier III disciplinary hearing, petitioner was found guilty and a penalty was imposed. That decision was affirmed upon petitioner’s administrative appeal, prompting him to commence this *834proceeding…