| Matter of McEachin v Napoli |
| 2008 NY Slip Op 09319 [56 AD3d 1089] |
| November 26, 2008 |
| Appellate Division, Third Department |
| In the Matter of Guy McEachin, Petitioner, v David Napoli, asSuperintendent of Southport Correctional Facility, 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 Chemung County) to review a determination of respondent Superintendent ofSouthport Correctional Facility which found petitioner guilty of violating certain prisondisciplinary rules.
After he refused a correction officer's order to stop banging on his cell door, petitioner wascharged in a misbehavior report with refusing a direct order and creating a disturbance. He wasfound guilty of the charges following a tier II disciplinary hearing and the determination was lateraffirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. Petitioner confines his challenge to the sufficiency of the evidence supportingthe determination of guilt. Upon reviewing the record, we find that the misbehavior report,together with the videotape of the incident, provide the requisite substantial evidence to supportthe determination (see Matter of Barclayv Goord, 23 AD3d 862, 862 [2005], lv denied 6 NY3d 710 [2006]; Matter of Brown v Goord, 9 AD3d646, 647 [2004], lv denied 3 NY3d 612 [2004]). Therefore, we find no reason todisturb it.
Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.