Mingo v. Ercole

*667Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services dated December 20, 2005, which modified a decision of a hearing officer dated October 10, 2005, made after a tier III disciplinary hearing, finding the petitioner guilty of violating disciplinary rules 113.25 (7 NYCRR 270.2 [B] [14] [xv]) and 114.10 (7 NYCRR 270.2 [B] [15] [i]), and imposing penalties, only to the extent of reducing the penalty imposed and, in effect, confirmed the findings of the hearing officer that the petitioner was guilty of…