Cruz v. Fischer

Following a physical altercation with another inmate, petitioner was charged in a misbehavior report with fighting, engaging in violent conduct, assaulting an inmate, possessing a weapon and creating a disturbance. A tier III disciplinary hearing ensued, at the conclusion of which petitioner was found guilty of all charges. That determination was administratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding seeking annulment. We now confirm.

Contrary to petitioner’s assertion, the determination of guilt is supported by substantial evidence in the form of the…