MATTER OF ELLIOTT v. KELLY

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).