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Supreme Court, Appellate Division, Third Department, New York.

IN RE: John GOLD, Petitioner, v. Captain BRADT, as Head of Security of Elmira Correctional Facility, Respondent.

Decided: October 29, 1998

Before MIKOLL, J.P., and MERCURE, CREW, WHITE and SPAIN, JJ. John Gold, Elmira, petitioner in person. Dennis C. Vacco, Attorney-General (Wayne L. Benjamin, of counsel), Albany, for respondent.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

 Petitioner commenced this CPLR article 78 proceeding challenging the administrative determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct, making threats, engaging in harassment and disobeying a direct order.   Contrary to petitioner's contention, the detailed misbehavior report, together with the testimony presented at the hearing, provided substantial evidence to support the finding of guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 563 N.Y.S.2d 728, 565 N.E.2d 477).   Furthermore, the refusal to testify form signed by one of the requested inmate witnesses adequately explained the reasons for his refusal to testify (see, Matter of Boyd v. Selsky, 232 A.D.2d 929, 649 N.Y.S.2d 491).   Petitioner's remaining contentions, including his assertion that he received inadequate employee assistance, have been reviewed and found to be without merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


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