McDaniels v. Bezio

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

After an inmate who was attacked identified petitioner as the aggressor, petitioner was charged in a misbehavior report with violating the prison disciplinary rules prohibiting assault upon other inmates and violent conduct. He was found guilty as charged following a tier III disciplinary hearing. The determination was…