Hardwick v. Coughlin

Determination unanimously confirmed and petition dismissed. Memorandum: The written misbehavior report, which describes with specificity the incident from which the charges arose, was authored by a Correction Officer who participated in the incident and co-signed by two other Correction Officers. That report constitutes substantial evidence to support the Hearing Officer’s determination of guilt (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; People ex rel. Vega v Smith, 66 NY2d 130, 140). Petitioner’s argument that the Hearing Officer should have more fully investigated the charges…