People ex rel. Bridges v. Smith

Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: To the extent that relator admitted at the hearing that he did not stand for the count, the judgment is affirmed. Inasmuch as the remaining charges were based solely upon the written misbehavior report prepared by the correction officer, they must be dismissed as there is no substantial evidence to support them (see People ex rel. Corcoran v Smith, 105 AD2d 1142). The matter is converted from a habeas corpus proceeding to a CPLR article 78 proceeding (see People ex rel. Corcoran v Smith,…