Sutherland v. Coughlin

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.

The details of the incident set forth in the misbehavior report, which was authored by the correction officer involved in the incident, provide substantial evidence to support the finding that petitioner was guilty of failing to obey a direct order (see, Matter of Bemacet v Coughlin, 145 AD2d 802, Iv denied 74 NY2d 603).…