Thomassini v. Prack

Summary

The New York Appellate Division reviewed a CPLR article 78 proceeding challenging a prison disciplinary determination finding the petitioner guilty of violent conduct, assault, and weapon possession. The court held that substantial evidence supported the determination and that the reduced penalty was not disproportionate to the misconduct, confirming the determination and dismissing the petition.

Holdings

1. The disciplinary determination was supported by substantial evidence.
2. The penalty was not so disproportionate to the offense as to be shocking to one's sense of fairness.

Questions Presented

1. Whether substantial evidence supported the determination that petitioner violated prison disciplinary rules by engaging in violent conduct, assaulting an inmate, and possessing a weapon.
2. Whether the disciplinary penalty was so disproportionate to petitioner's misconduct as to be shocking to one's sense of fairness.

Disposition

affirmed