| Matter of Leigh v Fischer |
| 2008 NY Slip Op 09325 [56 AD3d 1095] |
| November 26, 2008 |
| Appellate Division, Third Department |
| In the Matter of Kenneth Leigh, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 respondent Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
At the conclusion of a tier III prison disciplinary hearing, petitioner was found guilty ofrefusing a direct order, being out of place, violating count procedures, creating a disturbance andharassing staff. That determination was affirmed upon administrative appeal and this CPLRarticle 78 proceeding seeking annulment ensued. We now confirm.
The determination of guilt is supported by substantial evidence consisting of the misbehaviorreport and corroborating hearing testimony from the correction officer who authored it (see Matter of Vigliotti v Bell, 52 AD3d1064, 1064 [2008]). To the extent that petitioner and his inmate witness offered exculpatorytestimony, credibility issues were created for resolution by the Hearing Officer (see Matter of Griffin v Goord, 43AD3d 591, 591 [2007]). Petitioner's remaining contentions, including his claim of hearingofficer bias, have been scrutinized and found to be without merit.
Cardona, P.J., Spain, Carpinello, Kane and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.