Wood v. Fischer

Petitioner was charged in a misbehavior report with conspiring with another inmate to introduce a controlled substance into the correctional facility. The charge arose from a correction sergeant’s investigation of an inmate who was found to be in possession of marihuana and who implicated petitioner as his supplier. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. The determination was later af*1444firmed on administrative appeal with a modified penalty. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of…