Harris v. Johnson

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, petitioner challenges a determination finding him guilty of use of a controlled substance in violation of former inmate rule 113.12 (7 NYCRR 270.2 [B] [14] [former (iii)]). Petitioner contends that he was denied the right to call witnesses and submit documentary evidence; that the Hearing Officer was not fair and impartial; that the determination is not supported by substantial evidence; and that the misbehavior report was retaliatory.

The record does not support the…