Grimmett v. Riley

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Appellate Division, Second Department) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

In finding petitioner guilty of violating two prison disciplinary rules, the Hearing Officer had to make a finding that petitioner was the person identified in the recorded telephone conversations. We agree with petitioner that that finding is not supported by substantial evidence and, accordingly, the determination must…