| Matter of Vigliotti v Selsky |
| 2007 NY Slip Op 08157 [45 AD3d 946] |
| November 1, 2007 |
| Appellate Division, Third Department |
| In the Matter of Jack Vigliotti, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of making falsestatements to a correction officer regarding authority to wear his beard longer than one inch inlength. The determination was affirmed on administrative appeal and this CPLR article 78proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report and testimony adduced at the hearing (see Matter of Fontaine v Superintendent of Southport CorrectionalFacility, 35 AD3d 1113, 1113-1114 [2006], appeals dismissed 8 NY3d 943[2007]). Petitioner's exculpatory statements created credibility issues for resolution by theHearing Officer (see Matter of Colemanv Selsky, 40 AD3d 1328, 1329 [2007]). As for petitioner's remaining claims regardingprocedural deficiencies in the manner his disciplinary hearing was conducted, they have beenexamined and found to be unavailing.
Mercure, J.P., Crew III, Carpinello, Mugglin and Lahtinen, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.