Tumminia v. Kuhlmann

*395OPINION OF THE COURT

Robert C. Williams, J.

This proceeding is brought pursuant to CPLR article 78 to review a determination of respondents which found petitioner guilty of violating certain disciplinary rules.

Petitioner, Robert Tumminia, is an inmate at Sullivan County Correctional Facility. On June 3, 1987, an altercation took place between the petitioner and several correction officers which resulted in a misbehavior report being filed that same day. The report charged the petitioner with eight disciplinary rules violations.

A Superintendent’s hearing on the charges against petitioner was…