Oneil v. Sabourin

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule prohibiting unauthorized assembly.* Substantial evidence was presented in support of this determination in the form of the misbehavior report and the testimony given by the reporting correction officer who stated that petitioner had been one of a group of inmates gathered in the prison yard…