Appellate Division of the Supreme Court of the State of New York March 17, 2003 (McClary v. Selsky)

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Donald Selsky, Director of the Special Housing and Inmate Disciplinary Program of the New York State Department of Correctional Services, dated January 30, 2001, which affirmed a determination of a Hearing Officer, dated December 2, 2000, made after a Tier III disciplinary hearing, finding the petitioner guilty