Opinion
June 14, 2001.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Reginald Burgess, Ogdensburg, petitioner in person.
Eliot Spitzer, Attorney-General (Peter H. Schiff of counsel), Albany, for respondent.
Before: Mercure, J.P., Peters, Spain, Mugglin and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating facility count procedures after he refused to rise from his bed during a "standing" count. 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 Ingram v. Mann, 219 A.D.2d 743; Matter of Littles v. Kirk, 168 A.D.2d 757, lv denied 77 N.Y.2d 809). Petitioner's remaining contentions have been examined and found to be without merit.
Mercure, J.P., Peters, Spain, Mugglin and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.