Opinion
April 5, 1999
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The written misbehavior report which was prepared by an employee of the facility who observed the incident provided substantial evidence of the petitioner's misconduct ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964). Contrary to the petitioner's contention, the mere fact that he was found not guilty with regard to one of the two rule violations which were cited in the inmate misbehavior report does not compel the conclusion that the respondents' determination of guilt with regard to the other rule violation was arbitrary and capricious.
S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.