Martinez v. Leonardo

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing or mating alcoholic beverages. According to the misbehavior report, during the course of petitioner’s testimony on behalf of another inmate at a prison disciplinary hearing, petitioner admitted…