Opinion
Decided and Entered: June 21, 2001.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
David Burr, Comstock, petitioner in person.
Eliot Spitzer, Attorney-General (Marcus J. Mastracco of counsel), Albany, for respondent.
Before: Crew III, J.P., Peters, Carpinello, Rose and, Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting inmates from interfering with an employee, harassment and refusing a direct order. Contrary to petitioner's contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Collazo v. Senkowski, 282 A.D.2d 851, 852, 723 N.Y.S.2d 542, 543).
Crew III, J.P., Peters, Carpinello, Rose and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.