It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.
Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78, seeking to annul a determination, following a tier II disciplinary hearing, that he violated certain prison disciplinary rules.
We note at the outset that, because the petition did not raise a substantial evidence issue, Supreme Court erred in transferring the proceeding...
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