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MATTER OF PEARSALL v. COUGHLIN

182 A.D.2d 884 (1992)

In the Matter of Thomas Pearsall, Petitioner, v. Thomas Coughlin, III, as Commissioner of Corrections, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 2, 1992

A misbehavior report by itself can constitute substantial evidence to support a determination of guilt in a prison disciplinary matter (see, Matter of Curl v Kelly, 125 A.D.2d 948). Here, the report contains a detailed eyewitness account of the shank found in petitioner's possession and sets forth the time, date and place as well as the circumstances leading to its discovery; it was therefore sufficiently relevant and probative...

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