Littles v. Kirk

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

Petitioner admitted at the hearing that, although he was given a direct order to be on time for the count, he arrived after the gate was closed and after the whistle for the count had been blown. This testimony, in addition to the misbehavior report, constitutes substantial evidence to support the determination that petitioner violated the disciplinary…