Maldonado v. Goord

—Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: The misbehavior report, together with petitioner’s admissions, constitutes substantial evidence to support the determination that petitioner violated inmate rules 113.11 (7 NYCRR 270.2 [B] [14] [ii]) and 114.10 (7 NYCRR 270.2 [B] [15] [i]; see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Respondent concedes, however, that the determination of guilt of a third charge must be expunged. Petitioner has already served the penalty. Thus, we modify the determination…