| Matter of Jackson v Dubray |
| 2008 NY Slip Op 08577 [56 AD3d 919] |
| November 13, 2008 |
| Appellate Division, Third Department |
| In the Matter of Daryl Jackson, Petitioner, v Keith Dubray, asDirector of Special Housing and Inmate Disciplinary Programs, 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 Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in two separate misbehavior reports with engagingin violent conduct, attempting to assault a staff member, refusing a direct order and committingan unhygienic act. Following a combined tier III disciplinary hearing, petitioner was found guiltyof all charges. That determination was administratively affirmed and this CPLR article 78proceeding seeking annulment ensued.
We confirm. The misbehavior reports, together with the related documentation, photographsand testimony adduced at the hearing, comprise substantial evidence to support the determinationof guilt (see Matter of Boley vSelsky, 50 AD3d 1411, 1412 [2008]). To the extent that petitioner offered a retaliationdefense, a credibility issue was created for resolution by the Hearing Officer (see Matter of Kearney v Fischer, 51AD3d 1185, 1186 [2008]). Petitioner's assertion that he was deprived of adequate employeeassistance is unsubstantiated by the record and, in any event, there is no indication that hesuffered any prejudice as a result of the purported deficiencies (see Matter of Gonzalez v Fischer, 53AD3d 945, 946 [2008]). Petitioner's [*2]remainingcontentions, including his claims that he was denied the right to present witness testimony andthat the Hearing Officer was biased, have been scrutinized and found to be without merit.
Peters, J.P., Spain, Lahtinen, Kane and Stein, JJ., concur. Adjudged that the determination isconfirmed, without costs, and petition dismissed.