Brown v. Lt. Katz

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

In our view, the misbehavior report and testimony at the hearing constitutes substantial evidence supporting the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits being out of place (see Matter of Guerin v Miller, 16 AD3d 799 [2005]). According to the misbehavior…