Dallio v. Fischer

Petitioner, an inmate, was charged in a misbehavior report with engaging in lewd conduct after he masturbated in front of the facility nurse. Following a tier III disciplinary hearing, he was found guilty of the charge. This determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. To the extent that petitioner challenges the evidentiary basis of the determination, we conclude that the misbehavior report and the hearing testimony of its author provide substantial evidence to support the determination of guilt (see Matter…