Martinez v. Lacy

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of re*669spondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was found guilty of assaulting an inmate, fighting and engaging in violent conduct after he participated in an assault on another inmate. According to the misbehavior report, the victim stated that petitioner punched him several times while another inmate choked him. The correction officer who authored the misbehavior report also…