Berkoviz v. Lee

Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of *867the Green Haven Correctional Facility, dated May 11, 2011, which confirmed a determination of a hearing officer dated March 30, 2011, made after a tier II disciplinary hearing, finding the petitioner guilty of violating prison disciplinary rules 116.10 (7 NYCRR 270.2 [B] [17] [i]) and 114.10 (7 NYCRR 270.2 [B] [15] [i]), and imposing penalties.

Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the…