Peralta 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 was charged in a misbehavior report with the destruction of, and tampering with, state property. A tier III disciplinary hearing ensued, at the conclusion of which the Hearing Officer found petitioner guilty of tampering and imposed a penalty. Following an unsuccessful administrative appeal, petitioner commenced this proceeding pursuant to CPLR…