| Matter of Martin v Goord |
| 2007 NY Slip Op 10445 [46 AD3d 1294] |
| December 27, 2007 |
| Appellate Division, Third Department |
| In the Matter of Ricky Martin, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, New York City (Diana R.H. Winters of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Sullivan County) to review a determination of respondent which foundpetitioner guilty of violating certain prison disciplinary rules.
Following a tier III disciplinary hearing, petitioner was found guilty of harassment,interference with an employee and refusing a direct order. The Hearing Officer imposed a penaltyof three months in the special housing unit with a corresponding loss of privileges. Thedetermination was thereafter affirmed on administrative appeal, prompting petitioner tocommence this CPLR article 78 proceeding.
We confirm. The determination of guilt is supported by substantial evidence consisting of themisbehavior report, together with testimony adduced at the hearing (see Matter of Graham v McKinney, 24AD3d 1151, 1151 [2005]; Matter ofMendez v Goord, 21 AD3d 1191, 1191-1192 [2005]). To the extent that petitioneroffered contrary testimony, a credibility issue was created for resolution by the Hearing Officer(see Matter of Ackridge v Ekpe, 43AD3d 509, 509 [2007]). Regarding the penalty imposed, "it cannot be said to be sodisproportionate to the offense as to shock one's sense of fairness" (Matter of Polanco v Bennett, 6 AD3d846, 846 [2004]). We have examined petitioner's remaining contentions, including hisclaims that the misbehavior report and the written disposition were deficient and the HearingOfficer was biased, and find them to be without merit.[*2]
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.