Tifer v. Coughlin

Determination unanimously modified on the law and as modified confirmed without costs and matter remitted to respondent Superintendent for further proceedings in accordance with the following Memorandum: Because the inmate misbehavior report was authored by an eyewitness to the events alleged in the report and the events are stated in sufficient detail, the report constitutes substantial evidence in support of the determination that petitioner violated two inmate rules (see, Matter of Perez v Wilmot, 67 NY2d 615, 616-617). We conclude, however, that the Hearing Officer erred in directing…