Hyatt v. Annucci — 127 A.D.3d 1479

Majority

p. 1479

In the Matter of Shane Hyatt, Petitioner, v Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

[5 NYS3d 914]

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 which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, refused a correction officer’s

p. 1480

directive to return to his cell and stood with his foot against the cell door, thereby preventing it from closing. As a result, he was charged in a misbehavior report with refusing a direct order, harassment, interference with an employee, refusal of a search or frisk, and a movement regulation violation. Following a tier III disciplinary hearing, petitioner was found guilty of refusing a direct order and a movement regulation violation, but not guilty of the remaining charges. The determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior report, testimony of the correction officer who authored the report and video of the incident provide substantial evidence to support the determination of guilt (see Matter of Smith v Quinn, 120 AD3d 1509 , 1510 [2014]; Matter of Toliver v Commissioner of N.Y. State Dept. of Corr. & Community Supervision, 107 AD3d 1263 , 1263 [2013]). Contrary to petitioner’s claim, the written statement setting forth the evidence relied upon adequately complied with the regulatory requirements (see 7 NYCRR 254.7 [a] [5]; Matter of Gonzalez v Annucci, 122 AD3d 1203 , 1204 [2014]; Matter of Ortega v Annucci, 122 AD3d 1051 , 1051 [2014]). Further, the record establishes that petitioner’s right to present witnesses was not infringed (see generally Matter of Hill v Selsky, 19 AD3d 64 , 66-67 [2005]).

Peters, P.J., McCarthy, Egan Jr. and Clark, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cases cited

Smith v. Quinn 120 AD3d 1509 N.Y. App. Div. 2014-09-25 at 1510 p. 1480
Toliver v. Commissioner of New York State Department of Corrections & Community Supervision 107 AD3d 1263 N.Y. App. Div. 2013-06-20 at 1263 p. 1480
Gonzalez v. Annucci 122 AD3d 1203 N.Y. App. Div. 2014-11-26 at 1204 p. 1480
Ortega v. Annucci 122 AD3d 1051 N.Y. App. Div. 2014-11-13 at 1051 p. 1480
Hill v. Selsky 19 AD3d 64 N.Y. App. Div. 2005-05-26 at 66-67 p. 1480