Burr v. Goord

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

*932Petitioner was found guilty of violating the prison disciplinary rule which prohibits fighting. He challenges the determination on the ground that it was not based on substantial evidence. We disagree. The evidence presented at petitioner’s disciplinary hearing included the misbehavior report and the testimony of the correction officer who wrote it. He stated…