Tunstall v. Miller

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

*724Petitioner, a prison inmate, challenges a determination finding him guilty of violating the prison disciplinary rules which prohibit lying and being out of place. Contrary to petitioner’s assertion, substantial evidence supports the determination of guilt. Although part of the misbehavior report was based upon hearsay, the misbehavior report, written by…