McHaney v. Albaugh

—Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: Petitioner challenges the determination, following a Tier II prison disciplinary hearing, finding him guilty of violating inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i]) and 116.10 (7 NYCRR 270.2 [B] [17] [i]). The misbehavior report, together with the testimony of its author and another inmate, constitutes substantial evidence to support the determination that petitioner violated inmate rule 116.10 (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Respondent…