Opinion
Submitted April 28, 1999
June 14, 1999
Proceeding pursuant to CPLR article 78 to review a determination of the Deputy Superintendent for Security Services of the Fishkill Correctional Facility, dated July 14, 1997, which, after a hearing, determined that the petitioner had violated prison rules and imposed a penalty.
John Glover, Beacon, N.Y., appellant pro se.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Michael Belohlavek and Katharine Demgen of counsel), for respondents.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, DANIEL W. JOY, MYRIAM J. ALTMAN, NANCY E. SMITH, JJ.
DECISION JUDGMENT
ADJUDGED that the petition is granted, without costs or disbursements, the determination is annulled, and the respondents are directed to expunge all references to the proceeding from the petitioner's files.
In reviewing a prison disciplinary determination, the court's inquiry is limited to deciding whether the determination was supported by substantial evidence ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130). Upon our review of the record, we find that there was not substantial evidence in the record to support the charges against the petitioner ( see, Matter of Bryant v. Coughlin, 77 A.D.2d 642; Matter of Rosario v. Selsky, 169 A.D.2d 955; Matter of Kalonji v. Coughlin, 157 A.D.2d 941; Matter of Nelson v. Coughlin, 148 A.D.2d 779; Matter of Wynter v. Jones, 135 A.D.2d 1032).