Jones v. Bennett

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting harassment. At petitioner’s tier III hearing, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the…