| Matter of Galdamez v Goord |
| 2007 NY Slip Op 06780 [43 AD3d 1237] |
| September 20, 2007 |
| Appellate Division, Third Department |
| In the Matter of Salvador Galdamez, Petitioner, v Glenn S. Goord,as Commissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), Albany, forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in St. Lawrence County) to review a determination of respondent Superintendentof Gouverneur Correctional Facility which found petitioner guilty of violating certain prisondisciplinary rules.
Petitioner, an inmate, was charged in a misbehavior report with making false statements andbeing out of place. Following a tier II disciplinary hearing, he was found guilty of both charges.That determination was affirmed upon administrative appeal, prompting petitioner to commencethis CPLR article 78 proceeding.
The misbehavior report, authored by the correction officer who observed and ascertained thefacts of the incident, provides substantial evidence to support the determination of guilt (see Matter of Muniz v Goord, 32 AD3d1073, 1073-1074 [2006]; Matter ofRetamozzo v New York State Dept. of Correctional Servs., 31 AD3d 1083, 1084[2006]). Allegedly exculpatory evidence offered by petitioner regarding the nature of his conductcreated a credibility issue for resolution by the Hearing Officer (see Matter of Haigler v Goord, 39AD3d 921, 922 [2007], lv denied 9 NY3d 802 [2007]; Matter of Nina v Selsky, 35 AD3d1049, 1050 [*2][2006]). Petitioner's remaining contentions,to the extent preserved, have been examined and found to be without merit.
Cardona, P.J., Mercure, Crew III, Peters and Carpinello, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.