Daniel v. Lacy

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

The record evidence fails to provide substantial support for the determination of respondent Superintendent of Bare Hill Correctional Facility finding petitioner guilty of smuggling and stealing in violation of certain prison disciplinary rules (cf., Matter of Foster v Coughlin, 76 NY2d 964). The…