Opinion
89536
January 17, 2002.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
David Medina, Dannemora, petitioner pro se.
Eliot Spitzer, Attorney-General (Patrick Barnett-Mulligan of counsel), Albany, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from making threats. Contrary to petitioner's contention, we find that the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Crews v. O'Keefe, 283 A.D.2d 692; Matter of Pryce v. Goord, 281 A.D.2d 665). Petitioner's remaining contentions have been examined and found to be lacking in merit.
Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.