| Matter of Lewis v Connolly |
| 2007 NY Slip Op 07439 [44 AD3d 665] |
| October 2, 2007 |
| Appellate Division, Second Department |
| In the Matter of Jack Lewis, Petitioner, v William J.Connolly, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, New York, N.Y. (Benjamin N. Gutman and MarionR. Buchbinder of counsel), for respondent.
Proceeding pursuant to CPLR article 78 to review a determination of the New York StateDepartment of Correctional Services, dated March 23, 2006, which affirmed a determination of ahearing officer dated February 9, 2006, made after a Tier II Superintendent Hearing, finding thepetitioner guilty of violating prison disciplinary rule 116.10 (7 NYCRR 270.2 [B] [17] [i]), andimposing penalties.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding isdismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the determination that he violated prison disciplinaryrule 116.10 was supported by substantial evidence (see Matter of Igartua v Selsky, 41 AD3d 717 [2007]; Matter of Costantino v Goord, 38AD3d 657, 658 [2007]; Matter ofDe La Cruz v Selsky, 36 AD3d 907 [2007]). Credibility issues were resolved by thehearing officer, as the trier of fact, and we find no basis upon which to disturb the determination(see Matter of Gilzene v McGinnis, 300 AD2d 658, 659 [2002]). Schmidt, J.P., Rivera,Krausman and Florio, JJ., concur.