Johnson v. Smith

*1117Petitioner commenced this CPLR article 78 proceeding challenging a tier II disciplinary determination which found him guilty of refusing a direct order and creating a disturbance. According to the misbehavior report, although petitioner was among a group of inmates in the commissary area that was twice given a direct order to lower their voices, petitioner nevertheless continued to speak in a loud manner. The misbehavior report and the hearing testimony of the correction officer that authored it provide substantial evidence to support the determination of guilt (see Matter of Sanders v Goord,…