Gittens v. Sullivan — 175 A.D.2d 286

Majority

p. 286

In the Matter of Darius Gittens, Petitioner, v James E. Sullivan, as Superintendent of Sing Sing Correctional Facility, et al., Respondents.

— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of the Sing Sing Correctional Facility, dated June 8, 1987, which, after a hearing, found the petitioner to be in violation of an institutional rule and imposed a penalty.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

Following a Tier II disciplinary hearing, it was determined that the petitioner had made a threatening gesture towards a Correction Officer, in violation of inmate rule 102.10 (7 NYCRR 270.1 [b] [3]). Contrary to the petitioner’s contention, the record establishes that the determination was supported by substantial evidence (see, Matter of Perez v Wilmot, 67 NY2d 615 ; People ex rel. Vega v Smith, 66 NY2d 130 ), and accordingly, it is confirmed.

We have reviewed the petitioner’s remaining contention and find that it is without merit. Hooper, J. P., Lawrence, Eiber and O’Brien, JJ., concur.

Cases cited

Perez v. Wilmot 67 NY2d 615 N.Y. 1986-01-14 p. 286
People ex rel. Vega v. Smith 66 NY2d 130 N.Y. 1985-10-15 p. 286