Wheeler v. Goord

*403Petitioner was charged in a misbehavior report with possession of stolen property and smuggling after a correction officer obtained information that petitioner had taken a tape deck from the office of the recreation supervisor and given it to another inmate. Following a tier III disciplinary hearing, petitioner was found guilty of the charges and he commenced the instant CPLR article 78 proceeding challenging this determination.

Contrary to petitioner’s claim, we find that the determination is supported by substantial evidence. The correction officer who testified at the hearing stated that…