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IN THE MATTER OF BROWN v. KATZ

26 A.D.3d 559 (2006)

807 N.Y.S.2d 732

In the Matter of SHERMAN BROWN, Petitioner, v. LT. KATZ, as Hearing Officer, et al., Respondents.

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

February 2, 2006.

In our view, the misbehavior report and testimony at the hearing constitutes substantial evidence supporting the determination finding petitioner guilty of violating the prison disciplinary rule that prohibits being out of place (see Matter of Guerin v. Miller, 16 A.D.3d 799 [2005]). According to the misbehavior report, petitioner indicated that he needed to be released from his cell during the noon medication call out. However,...

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