Guerin v. Miller

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

Petitioner was found guilty of being out of place in violation of a prison disciplinary rule and not guilty of disobeying a direct order. We reject petitioner’s assertion that the misbehavior report, stating the date and time that petitioner “left the commissary without an escort or pass” in violation of rule 109.10 (7 NYCRR 270.2 [B] [10] [i]), was insufficiently…