Johnson v. Selsky

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

Petitioner, a prison inmate, was found guilty of creating a disturbance and refusing a direct order; he was found not guilty of violent conduct and making threats. Contrary to petitioner’s contention, the misbehavior report, together with the eyewitness testimony of its author, constitutes substantial evidence to…