| Matter of Pitts v Fischer |
| 2008 NY Slip Op 06534 [54 AD3d 477] |
| August 7, 2008 |
| Appellate Division, Third Department |
| In the Matter of Lance Pitts, Petitioner, v Brian S. Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 respondent which found petitionerguilty of violating a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinarydetermination finding him guilty of illicit drug use. We now confirm.
The misbehavior report, together with the positive drug test results and testimony adduced atthe hearing, provide substantial evidence to support the determination of guilt (see Matter of Hayes v Goord, 26 AD3d546, 546 [2006]). Contrary to petitioner's assertion, the Hearing Officer did not improperlyremove him from the hearing. The record reveals that, despite warnings from the HearingOfficer, petitioner repeatedly interrupted the Hearing Officer and disrupted the proceedings (see Matter of Acevedo v Goord, 32AD3d 1143, 1144-1145 [2006]). Petitioner's remaining contentions, including his claim thatthe chain of custody was deficient, have been considered and found to be unavailing.
Mercure, J.P., Peters, Lahtinen, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.