Varela v. Coughlin

Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: Because the evidence submitted at the Tier III superintendent’s hearing *1008established that petitioner swung a water bucket at another inmate to defend himself from an unprovoked attack, the determination that petitioner was fighting is not supported by substantial evidence and must be annulled and all reference to the proceeding expunged from petitioner’s institutional record (see, Matter of Parker v Kelly, 140 AD2d 993). Although petitioner entered a plea of guilty to the charge of…