James v. New York State Department of Corrections & Community Supervision

Majority

p. 1537

In the Matter of Brian James, Petitioner, v New York State Department of Corrections and Community Supervision et al., Respondents.

[5 NYS3d 924]—

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with fighting, violent conduct and creating a disturbance as a result of an altercation with another inmate. Following a tier III disciplinary hearing, petitioner was found guilty as charged and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

While a review of the hearing transcript demonstrates that the Hearing Officer was often ill-mannered and lacking in professional decorum, we nonetheless confirm. The misbehavior report, related documentation and testimony from the correction officer who investigated the incident provide substantial evidence to support the determination of guilt (see Matter of Fernandez v Fischer, 110 AD3d 1422 , 1422 [2013]; Matter of Leslie v Fischer, 107 AD3d 1264 , 1265 [2013]). Testimony from

p. 1538

petitioner and other inmate witnesses that petitioner was not involved in the incident created a credibility issue for the Hearing Officer to resolve (see Matter of Fernandez v Fischer, 110 AD3d at 1423 ; Matter of Mitchell v Bezio, 69 AD3d 1281 , 1281-1282 [2010]). Petitioner’s remaining contentions have been reviewed and found to be without merit.

Lahtinen, J.P., Egan Jr., Lynch and Clark, JJ., concur.

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

Cases cited

Fernandez v. Fischer 110 AD3d 1422 N.Y. App. Div. 2013-10-31 at 1422 p. 1537
Mitchell v. Bezio 69 AD3d 1281 N.Y. App. Div. 2010-01-28 at 1281-1282 p. 1538