Majority
p. 919In the Matter of Hector Andino, Petitioner, v Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent. [668 NYS2d 535]
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Evidence adduced at petitioner’s Tier III disciplinary hearing, including the written misbehavior report and testimony from two physicians, constitutes substantial evidence to support the determination (see, People ex rel. Vega v Smith, 66 NY2d 130 , 139). Petitioner offered no evidence to support his bald assertion that he was unable to comply with the order directing him to provide a urine sample (see, Matter of Pabon v LeFevre, 124 AD2d 310 ). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)
Present — Green, J. P., Lawton, Wisner, Callahan and Fallon, JJ.
Cases cited
- People ex rel. Vega v. Smith 66 NY2d 130 at 139 p. 919
- Pabon v. LeFevre 124 AD2d 310 p. 919