| Matter of Wesolowski v Donahue |
| 2007 NY Slip Op 09472 [45 AD3d 1224] |
| November 29, 2007 |
| Appellate Division, Third Department |
| In the Matter of Robert Wesolowski, Petitioner, v RichardDonahue, as Hearing Officer, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Patrick Bennett-Mulligan of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review a determination of respondent Superintendent ofSouthport Correctional Facility which found petitioner guilty of violating a prison disciplinaryrule.
Following a tier II disciplinary hearing, petitioner was found guilty of providing unauthorizedlegal assistance. The determination was affirmed on administrative appeal and this CPLR article78 proceeding ensued.
We confirm. The misbehavior report, corroborating hearing testimony from the correctionofficer who authored it and the handwriting sample constitute substantial evidence to support thedetermination of guilt (see Matter ofSantana v Selsky, 23 AD3d 722, 723 [2005]). Petitioner's denial of the charge created acredibility issue for resolution by the Hearing Officer (see Matter of Callender v Selsky, 41 AD3d 1065, 1066 [2007]).
Petitioner's remaining contentions, including his claims that he was not afforded an impartialhearing and the misbehavior report was fatally deficient and issued as a means of retaliation,have been examined and found to be unavailing.[*2]
Cardona, P.J., Crew III, Carpinello, Mugglin and Kane,JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.