Majority
p. 1330In the Matter of Brad McPherson, Petitioner, v William Lee, as Superintendent of Green Haven Correctional Facility, et al., Respondents. [956 NYS2d 263]
p. 1331
Contrary to petitioner’s claim, the matter was properly transferred to this Court, as the petition raises a question of substantial evidence (see CPLR 7804 [g]). Moreover, the detailed misbehavior report and related documentation, together with the testimony of the correction officers involved in the incident, provide substantial evidence supporting the determination (see Matter of Hemphill v Fischer, 94 AD3d 1309 , 1309 [2012]; Matter of Terrence v Fischer, 64 AD3d 1110 , 1111 [2009]). Petitioner’s claim of retaliation presented a credibility issue for the Hearing Officer to resolve (see Matter of Martin v Fischer, 98 AD3d 774 , 774 [2012]; Matter of Wright v Fischer, 98 AD3d 759 , 759 [2012]). Therefore, we find no reason to disturb the determination of guilt.
Rose, J.P., Lahtinen, Stein, McCarthy and Garry, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Cases cited
- Hemphill v. Fischer 94 AD3d 1309 at 1309 p. 1331
- Terrence v. Fischer 64 AD3d 1110 at 1111 p. 1331
- Martin v. Fischer 98 AD3d 774 at 774 p. 1331
- Wright v. Fischer 98 AD3d 759 at 759 p. 1331