Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. In the Matter of DAVID ELLIOTT, Respondent, v. WALTER KELLY, as Superintendent of Attica Correctional Facility, et al., Appellants. Judgment unanimously reversed, on the law, and petition dismissed. Memorandum: Special Term erred in granting the petition. On this record, the written misbehavior report constitutes substantial evidence in support of the disciplinary charges levied and the penalty imposed (People ex rel. Vega v Smith, 66 N.Y.2d 130; see, Matter of Perez v. Wilmot, 67 N.Y.2d 615). We also find that the use of a form petition, prepared and sworn to by petitioner's counsel and containing no supporting factual allegations, fails to comply with the requirements of the CPLR and is facially deficient (Matter of Dennehy v. Coughlin, 116 A.D.2d 1001).