| Matter of Frejomil v LaClair |
| 2007 NY Slip Op 09848 [46 AD3d 1061] |
| December 13, 2007 |
| Appellate Division, Third Department |
| In the Matter of Richard Frejomil, Petitioner, v Darwin LaClair, asSuperintendent of Great Meadow Correctional Facility, 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 Washington County) to review a determination of respondent which foundpetitioner guilty of violating certain prison disciplinary rules.
Following a tier II disciplinary hearing, petitioner was found guilty of smuggling, refusing adirect order and stealing state property. The determination was affirmed on administrative appeal,and this CPLR article 78 proceeding ensued.
We confirm. Substantial evidence consisting of the misbehavior report and petitioner'shearing testimony supports the determination of guilt (see generally Matter of Abreu v Goord, 38 AD3d 994 [2007]).Petitioner's denial of certain allegations created a credibility issue for resolution by the HearingOfficer (see Matter of Callender vSelsky, 41 AD3d 1065, 1066 [2007]), as did his presentment of a retaliation defense (see Matter of Raqiyb v Goord, 30AD3d 810 [2006]). As for petitioner's remaining contentions, including his claims that themisbehavior report was deficient and that he was denied the right to call witnesses, they havebeen examined and, to the extent preserved, have been found to be without merit.[*2]
Mercure, J.P., Crew III, Spain, Carpinello and Lahtinen,JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.