Opinion
September 14, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Charles Rhoden, Comstock, petitioner in person.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.
Before: Mercure, J.P., Peters, Graffeo, Mugglin and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating a prison disciplinary rule prohibiting demonstration. Contrary to petitioner's contention, the misbehavior report as well as the testimony of its author, to whom petitioner admitted making such statements encouraging a demonstration, provide substantial evidence of petitioner's guilt (see, Matter of Johnson v. Selsky, ___ A.D.2d ___, 705 N.Y.S.2d 446). Petitioner's remaining contentions have been examined and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.