MATTER OF DI ROSE v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


275 A.D.2d 843 (2000)

713 N.Y.S.2d 887

In the Matter of RICARDO A. DI ROSE, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided September 21, 2000.


Petitioner was found guilty of making verbal threats, violent conduct, disturbing the order of the facility and refusing a direct order. The misbehavior report alleged that petitioner and another inmate exchanged threats and refused to obey direct orders. Contrary to petitioner's contention, the misbehavior report, together with the eyewitness testimony of its author, constitute substantial evidence to support the determination of petitioner's guilt of the charges (see...

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