Determination unanimously annulled on the law and petition granted, in accordance with the following memorandum: Respondent's determination that petitioner engaged in fighting with another inmate in violation of a State-wide rule ( 7 NYCRR 270.1 [b] [1] [ii]) is not supported by substantial evidence. The record reveals that petitioner was attacked by another inmate and that petitioner merely pushed his assailant away. Although "fighting" is not defined in the regulations, we construe the term in its ordinary meaning (see, Matter of Duncan v Perales, 135 A.D.2d 1127) and conclude that the misbehavior report and the hearing testimony failed to establish that petitioner violated the rule. Accordingly, we grant the petition, vacate the determination and expunge from petitioner's institutional file all reference to the incident (see, Matter of Vogelsang v Coombe, 105 A.D.2d 913, 914, affd 66 N.Y.2d 835; see also, Matter of Barnes v LeFevre, 69 N.Y.2d 649; Matter of Allah v LeFevre, 132 A.D.2d 293, 294-295).