| Matter of Rojas v Selsky |
| 2008 NY Slip Op 08227 [55 AD3d 1189] |
| October 30, 2008 |
| Appellate Division, Third Department |
| In the Matter of Steven Rojas, Petitioner, v Donald Selsky, as Director ofSpecial Housing and Inmate Disciplinary Programs, 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 Supreme Court,entered in Albany County) to review a determination of the Commissioner of Correctional Serviceswhich found petitioner guilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of the prison disciplinary ruleprohibiting lewd exposure. That determination was affirmed upon administrative appeal and this CPLRarticle 78 proceeding seeking annulment ensued.
We confirm. The misbehavior report, together with the corroborating hearing testimony from thelibrary clerk who authored it, constitute substantial evidence to support the determination of guilt (see Matter of Taylor v Caldwell, 51 AD3d1234, 1234 [2008]). Petitioner's exculpatory statements created credibility issues for resolution bythe Hearing Officer (see Matter of Gawlik vFischer, 50 AD3d 1282, 1283 [2008]). To the extent preserved, petitioner's remainingcontentions, including his claim that he was denied the right to present witness testimony, have beenconsidered and found to be unavailing.
Cardona, P.J., Peters, Rose, Malone Jr. and Stein, JJ., concur. Adjudged that the determination isconfirmed, without costs, and petition dismissed.