Valles v. Smith

— Judgment unanimously affirmed. Memorandum: Petitioner appeals from a judgment of Supreme Court which dismissed his CPLR article 78 petition seeking to overturn a prison disciplinary determination. As a result of a fight between petitioner and another inmate, petitioner was charged in a misbehavior report with fighting, attempted assault and disobeying a direct order. Petitioner, a Spanish-speaking inmate who speaks some English, received a Spanish translation of the misbehavior report which failed to include the last of the above charges and omitted the reporting officer’s statement of…