Clark v. Coughlin

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

There is substantial evidence in the record to support the finding that petitioner was guilty of possessing a weapon. The misbehavior report, which was written by the correction officer who found the instrument, states that the weapon was found in one of petitioner’s shoes in his cell. The fact that the weapon was found in…