Slack v. Leonardo

—Mikoll, J. P.

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

In this disciplinary proceeding petitioner raises two challenges: (1) whether the evidence presented against him constitutes substantial evidence in support of the determination that petitioner was out of place and had disobeyed a direct order from the correction officer who had denied petitioner’s earlier request for a pass to the law…