Bryant v. Haubert — 216 A.D.2d 293

Majority

p. 293

In the Matter of Julius Bryant, Petitioner, v Lieutenant Haubert et al., Respondents.

[627 NYS2d 984]

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Leonard A. Portuondo, dated July 1, 1993, which confirmed a decision of a Hearing Officer dated June 24, 1993, finding that the petitioner had violated certain prison disciplinary rules and imposing a penalty.

Adjudged that the determination is confirmed and the

p. 294

proceeding is dismissed on the merits, without costs or disbursements.

We find that the misbehavior report, coupled with the testimony of a Correction Officer who witnessed the incident, provided substantial evidence to support the determination (see generally, Matter of Perez v Wilmot, 67 NY2d 615 ; People ex rel. Vega v Smith, 66 NY2d 130 ).

The petitioner’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, P. J., O’Brien, Ritter, Pizzuto and Florio, JJ., concur.

Cases cited

Perez v. Wilmot 67 NY2d 615 N.Y. 1986-01-14 p. 294
People ex rel. Vega v. Smith 66 NY2d 130 N.Y. 1985-10-15 p. 294