Douglas v. Fischer

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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was served with a misbehavior report charging him with starting a fire and destroying state property after it was alleged that he set fire to the blankets on his bed. A tier III disciplinary hearing ensued, after which petitioner was found guilty of both charges. Petitioner’s administrative appeal was unsuccessful, prompting him to commence this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the correction officers who investigated the incident and testimony of an inmate who witnessed petitioner setting the fire provide substantial evidence to support the determination of guilt (see Matter of Rohs v Fischer, 73 AD3d 1256 [2010]; Matter of Lopez v Fischer, 69 AD3d 1076 , 1076 [2010]). Petitioner’s contention that the fire was set by another inmate in retribution for petitioner having informed about other inmates' drug use raised

Petitioner’s remaining contentions have been examined and are without merit.

Peters, J.E, Rose, Malone Jr., McCarthy and Egan Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.