Matter of Gilbert v. Martuscello

Summary

The Appellate Division, Fourth Department unanimously confirmed a determination made after a tier III disciplinary hearing finding that Ivan Gilbert violated incarcerated individual rules concerning a sex offense and a facility visitation violation. The court held that the misbehavior report and video evidence constituted substantial evidence supporting the determination and dismissed the CPLR article 78 petition.

Holdings

1. The determination was supported by substantial evidence because the misbehavior report and video of the relevant incident constituted evidence that a reasonable mind could accept as adequate to support the finding that petitioner violated the cited incarcerated-individual rules.

Questions Presented

1. Whether the prison disciplinary determination finding petitioner guilty of violating incarcerated-individual rules 101.10 and 180.10 was supported by substantial evidence.

Disposition

dismissed