Appellate Division of the Supreme Court of the State of New York June 25, 2009 (West v. Bezio)

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner became involved in a physical altercation with another inmate in the presence of approximately 17 inmates.