Rivera v. Mantello

As a result of his refusal to cooperate with correction officers during a pat frisk, petitioner was found guilty of refusing a direct order and attempted assault on staff. He argues that this determination is not supported by substantial evidence *722and that the Hearing Officer presiding at the disciplinary hearing was not impartial. Upon reviewing the record, we find that the misbehavior report, combined with the testimony of the correction officers who witnessed the incident, provide substantial evidence supporting the administrative determination. Moreover, petitioner’s version of his…