Byas v. Fischer

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

We confirm the challenged determination finding petitioner guilty of violating the prison disciplinary rules prohibiting violent conduct, creating a disturbance, fighting and refusing a direct order. The misbehavior report and testimony of the correction officer who prepared it provide substantial evidence to support the determination; petitioner’s…