It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Petitioner commenced this proceeding seeking to annul the determination, following a tier III hearing, that he violated various inmate rules. At the outset, we note that, "`[b]ecause the petition did not raise a substantial evidence issue, Supreme Court erred in transferring the proceeding to this Court'" (Matter of Wearen v Deputy Supt...
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