McRae v. Leonardo

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

The misbehavior report, coupled with petitioner’s testimony and the incident report, provided substantial evidence to support the determination that petitioner refused a direct order (see, People ex rel. Vega v Smith, 66 NY2d 130, 139-140). Any conflicting testimony by petitioner merely created an issue of credibility…