| Matter of Rosa v Brown |
| 2008 NY Slip Op 00395 [47 AD3d 1142] |
| January 24, 2008 |
| Appellate Division, Third Department |
| In the Matter of Tony Rosa, Petitioner, v William D. Brown, asSuperintendent of Eastern Correctional Facility, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Ulster County) to review a determination of respondent Superintendent ofEastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, an inmate, was charged in a misbehavior report with providing unauthorized legalassistance. Following a tier II disciplinary hearing, he was found guilty of the charge. Petitionerexhausted his administrative remedies and then commenced this CPLR article 78 proceeding.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report, accompanying documentation and statements made by petitioner at thehearing (see Matter of Becker vGoord, 13 AD3d 947, 948 [2004]). Contradictory testimony and innocent explanationsoffered by petitioner and other inmate witnesses created credibility issues for resolution by theHearing Officer (see Matter of Barclay vGoord, 23 AD3d 862, 862 [2005], lvs denied 6 NY3d 705, 710 [2006]). Wehave examined petitioner's remaining claim that the misbehavior report was deficient and find itto be unpersuasive.[*2]
Mercure, J.P., Peters, Carpinello, Rose and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.