Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of creating a disturbance and refusing a direct order.
To the extent that the petition can be construed as alleging that there is insufficient evidence to support the determination of guilt, we find that the charge of creating a disturbance is supported by substantial evidence in the form of the misbehavior report and hearing...
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