At page 794 of Correctional Services which found petitioner guilty of violating a prison disciplinary rule. A correction officer searched the light fixture in petitioner’s…6 citing cases
- Alache v. Fischer, 91 A.D.3d 1240 (N.Y. App. Div. 3d Dep't 2012).While petitioner maintained that disgruntled inmates who were displeased with his enforcement of alcohol and substance abuse treatment rules planted the weapon in his unlocked locker while he was at work, this presented a credibility issue…
- Jimenez v. Fischer, 87 A.D.3d 771 (N.Y. App. Div. 3d Dep't 2011).Petitioner’s assertion that the weapon could have been placed in the door track by another inmate or may have already been in the door track at the time he moved into the cell presented a credibility issue for resolution by the Hearing Off…
- Rohs v. Fischer, 73 A.D.3d 1256 (N.Y. App. Div. 3d Dep't 2010).The detailed misbehavior report and the testimony of the correction officer who authored it, petitioner’s inmate witness and petitioner’s own testimony provide substantial evidence to support the determination (see Matter of Covington v Sm…
- Lozada v. Cook, 67 A.D.3d 1232 (N.Y. App. Div. 3d Dep't 2009).The misbehavior report, supporting documentation and the hearing testimony from the correction officer who authored the report provide substantial evidence to support the determination of guilt (see Matter of Arrollo v Leclaire, 62 AD3d 11…
- Covington v. Smith, 63 A.D.3d 1453 (N.Y. App. Div. 3d Dep't 2009).The misbehavior report, along with the testimony from the correction officer who authored the report and petitioner’s admission that he was taking the medication back to his cell, constitute substantial evidence to support the determinatio…
- Peralta v. Fischer, 63 A.D.3d 1399 (N.Y. App. Div. 3d Dep't 2009).The misbehavior report, along with the testimony from the correction officer who authored the report and petitioner’s admission that he was adjusting a metal piece on a fence, constitute substantial evidence to support the determination of…
v.
Dale Artus, as Superintendent of Clinton Correctional Facility
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner[*794] of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
A correction officer searched the light fixture in petitioner’s prison cell and recovered a sharpened metal rod with a handle and lanyard. As a result, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Petitioner thereafter exhausted his administrative remedies and commenced this CPLR article 78 proceeding seeking annulment.
We confirm. The misbehavior report, together with the related documentation, statements made by petitioner and hearing testimony from the correction officer who authored the report, comprise substantial evidence to support the determination of guilt (see Matter of Martinez v Selsky, 53 AD3d 989, 989 [2008]). To the extent that petitioner asserted that the weapon must have already been in the light fixture at the time that he moved into the cell, a credibility issue was created for resolution by the Hearing Officer (see Matter of Tibaldo v Leclaire, 46 AD3d 975, 975 [2007]). We have reviewed petitioner’s remaining claims, including his contention that he was denied the right to present witness testimony, and discern no basis for disturbing the determination in issue.
Peters, J.E, Spain, Lahtinen, Kane and Malone Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.