Taveras 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 certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with assaulting a staff member and forcible touching. Following a tier III disciplinary hearing, he was found guilty of both charges. That determination was affirmed upon adminis*828trative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. The misbehavior report,…