Opinion
September 11, 1997
Appeal from the Supreme Court, Albany County.
We conclude that there is substantial evidence in the record to support administrative determinations finding petitioner guilty of failing to comply with a direct order and creating a disturbance as alleged in the February 13, 1996 misbehavior report of Correction Officer J. Smith and creating a disturbance as alleged in the March 21, 1996 misbehavior report of Correction Officer S. Rupert. Each of the misbehavior reports gave a detailed eyewitness account of the incident and itself constituted substantial evidence to support the determination based thereon ( see, Matter of Perez v. Wilmot, 67 N.Y.2d 615; People ex rel. Vega v. Smith, 66 N.Y.2d 130).
Petitioner's remaining contentions have been considered and found to be unavailing.
Cardona, P.J., Mikoll, Casey and Peters, JJ., concur. Adjudged that the determinations are confirmed, without costs, and petition dismissed.