| Matter of Williams v Walsh |
| 2008 NY Slip Op 08581 [56 AD3d 923] |
| November 13, 2008 |
| Appellate Division, Third Department |
| In the Matter of Michael Williams, Petitioner, v James J. Walsh, asSuperintendent of Sullivan Correctional Facility, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, New York City (Marion R. Buchbinder of counsel),for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Sullivan County) to review a determination of respondent which foundpetitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was found guilty following a tier II disciplinary hearing ofdisobeying a direct order, being out of place and making a false statement. That determinationwas affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulmentensued.
We confirm. Contrary to petitioner's assertion, the determination of guilt is supported bysubstantial evidence consisting of the misbehavior report and corroborating hearing testimony(see Matter of Wigfall v Goord, 53AD3d 943, 943 [2008]). To the extent preserved, we have examined petitioner's remainingcontentions, including his claim that the misbehavior report was facially defective, and we findno basis upon which to disturb respondent's determination.[*2]
Cardona, P.J., Mercure, Carpinello, Kane and Malone Jr.,JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.