Mitchell v. Fischer

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent dated May 23, 2000, which confirmed a determination of a hearing officer dated May 16, 2000, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating prison disciplinary rules, and imposing a penalty.

Adjudged that the determination is confirmed and the petition is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, there was substantial evidence in the record as a whole (see CPLR 7803 [4]) to support the determination finding him guilty…