Johnson v. Coombe

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, challenges a tier III hearing finding him guilty of conspiring to escape. The evidence upon which the Hearing Officer relied included the misbehavior report, the testimony, as well as the confidential testimony, of the investigator who authored the misbehavior report and a comparison of the…