Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, an inmate at Clinton Correctional Facility in Clinton County, received two misbehavior reports, both dated November 25, 2003, charging him with violating a direct order, causing a disturbance and assault. Following a tier III hearing, petitioner was found guilty of all charges and given 24 months in the special housing unit. Upon administrative review, the determination was modified to 12 months. Petitioner initiated this CPLR article 78 proceeding to challenge the determination and we now confirm.
Our review of the record discloses substantial evidence supporting all of the determinations of guilt in the form of detailed misbehavior reports prepared by two correction officers who had witnessed the incidents (see Matter of Foster v Coughlin, 76
Cardona, P.J., Spain, Carpinello and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
