Rivera v. Miller

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

Following a tier III hearing, petitioner, a prison inmate, was found guilty of assault on an inmate and violent conduct. Upon petitioner’s administrative appeal, the determination was affirmed. Petitioner subsequently commenced this CPLR article 78 proceeding and we confirm.

We reject petitioner’s contention that the…