Rodriguez v. Portuondo

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

*832Following a disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule that prohibits fighting. Included in the evidence presented at the hearing were the misbehavior report and testimony from the correction officer who wrote it. The officer testified that he had observed petitioner engaged “in an obvious fight” with another inmate…