Jiminez v. Berry

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

The misbehavior report was authored by the correction officer who witnessed the incident. In addition, at the hearing that officer confirmed what she wrote in the report and testified that she personally observed petitioner engaged in a sexual activity during an outside visit. Under the circumstances, the misbehavior…