Opinion
Decided and Entered: September 13, 2001.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.
Carl Wells, Rome, appellant in person.
Eliot Spitzer, Attorney-General (William E. Storrs of counsel), Albany, for respondent.
Before: Cardona, P.J., Crew III, Spain, Mugglin and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges a determination finding him guilty of refusing to obey a direct order to report to the facility program committee. We find that the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Ross v. Blaine, 267 A.D.2d 538). Notwithstanding petitioner's contrary assertion, as a prison inmate he was required to promptly obey the order even if he disagreed with it (see, Matter of Batten v. Goord, 258 A.D.2d 794; Matter of El-Shabazz v. Selsky, 257 A.D.2d 937). Petitioner's remaining arguments, to the extent preserved, have been examined and found to lack merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.