| Matter of Porter v Goord |
| 2008 NY Slip Op 00012 [47 AD3d 978] |
| January 3, 2008 |
| Appellate Division, Third Department |
| In the Matter of Larry Porter, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinarydetermination which found him guilty of refusing a direct order and stealing state property.According to the misbehavior report, petitioner refused a correction officer's direct order to getdressed so that a female correction counselor could approach his cell and retrieve documentsissued to petitioner pursuant to a Freedom of Information Law request. The misbehavior report,together with the corroborating hearing testimony and videotape, provide substantial evidence tosupport the determination of guilt (seeMatter of Barclay v Goord, 23 AD3d 862, 862 [2005], lvs denied 6 NY3d 705,710 [2006]; Matter of Porter vMcGinnis, 20 AD3d 641 [2005]). To the extent that petitioner asserts that the chargeswere issued as a means of retaliation for a grievance and lawsuit he had filed, that presented acredibility issue for the Hearing Officer to resolve (see Matter of Lewis v Goord, 43 AD3d 1259 [2007]). We haveexamined petitioner's remaining contentions, including his claim that he was denied a fair andimpartial hearing, and find them to be without merit.[*2]
Cardona, P.J., Mercure, Peters, Rose and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.