| Matter of Rodriguez v Selsky |
| 2008 NY Slip Op 00589 [47 AD3d 1173] |
| January 31, 2008 |
| Appellate Division, Third Department |
| In the Matter of Jonathan Rodriguez, Petitioner, v Donald Selsky,as Director of Special Housing and Inmate Disciplinary Programs,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 Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, was charged in a misbehavior report with creating a disturbance.Following a tier III disciplinary hearing, he was found guilty as charged. That determination wasaffirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report, together with the corroborating hearing testimony from the correctionofficer who authored it (see Matter ofShakur v Smith, 34 AD3d 898, 899 [2006]; Matter of Williams v Goord, 308AD2d 614, 615 [2003]). Contrary testimony offered by petitioner and his inmate witness createda credibility issue to be resolved by the Hearing Officer (see Matter of Proctor v Goord,290 AD2d 801, 801 [2002]). We have examined petitioner's claims that the misbehavior reportwas deficient, that he was improperly denied the right to present witness testimony and that hewas deprived of an impartial hearing and find no basis for annulment.[*2]
Peters, J.P., Spain, Carpinello, Lahtinen and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.