Soto v. New York State Department of Correctional Services

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination of respondent Superintendent of Bare Hill Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty of violating prison disciplinary rules prohibiting assault of another inmate, fighting and violent conduct. Contrary to petitioner’s contention, the misbehavior report and the inconsistent inmate testimony at the hearing provide substantial evidence of petitioner’s guilt (see,…