Spulka v. Selsky

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

After a tier III hearing, petitioner, an inmate at Southport *696Correctional Facility in Chemung County, was found guilty of throwing burning paper from his cell. In rendering the determination, the Hearing Officer relied upon the misbehavior report, along with a videotape which showed burning paper being tossed out of petitioner’s…