Arroyo v. Coombe

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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in an inmate misbehavior report with violating prison disciplinary rules prohibiting assaults on other inmates and fighting. After being found guilty as charged following a tier III hearing, this determination was administratively reversed and a rehearing ordered. The rehearing was conducted following…