Urgitano v. Coughlin

—Determination unanimously annulled on the law and petition granted in accordance with the following Memorandum: In this Tier III prisoner disciplinary proceeding, respondents concede that the inmate misbehavior report did not constitute substantial evidence in support of the charge of rioting because the report, which was the only evidence presented against petitioner, failed to state the specific role petitioner played in the riot (see, 7 NYCRR 251-1.4 [c], [d] [effective on May 29, 1991, the date of subject incident]; Matter of Bryant v Coughlin, 77 NY2d 642; Matter of Bettis v Coughlin,…