Filsaime v. Sabourin

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a determination *517of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier II disciplinary hearing, petitioner was found guilty of a moving violation and of refusing to obey a direct order. Admitted in evidence at the hearing was the misbehavior report wherein it was alleged that petitioner had been observed conversing in a corridor outside the mess hall with other inmates. When they were ordered to disperse,…