Torres v. Rasy

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Com t, *852entered in Franklin County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III hearing, petitioner was found guilty of violating prison disciplinary rules prohibiting violent conduct, assault on staff, assault on inmates and creating a disturbance. Contrary to petitioner’s contention, the misbehavior report as well as the eyewitness testimony of its author provide substantial…