Gonzalez v. West

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

While responding to an area where there was a disturbance among a group of inmates, a correction officer observed petitioner throwing closed fist punches at an unidentified inmate. As a result, petitioner was charged in a misbehavior report with fighting and engaging in violent conduct. Following a tier II disciplinary hearing, he was found guilty of the latter…