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MATTER OF CRANDELL v. MITCHELL

191 A.D.2d 782 (1993)

594 N.Y.S.2d 418

In the Matter of Lester Crandell, Petitioner, v. J. T. Mitchell, as Hearing Officer, Respondent

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

March 4, 1993

It has been established that a misbehavior report alone can constitute substantial evidence of an inmate's misconduct (see, Matter of Perez v Wilmot, 67 N.Y.2d 615). Here, the report was written by the correction officer who was involved in the incident. It stated that after petitioner signed into the law library he told the correction officer he was ill and requested permission to return to his cell. Permission was granted...

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