| Matter of Mabry v Maddox |
| 2008 NY Slip Op 10628 [57 AD3d 1000] |
| December 30, 2008 |
| Appellate Division, Second Department |
| In the Matter of Sharon Mabry, Petitioner, v E. Maddox etal., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, New York, N.Y. (Michael S. Belohlavek and PatrickJ. Walsh of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the New York StateDepartment of Correctional Services dated April 19, 2007, which affirmed a determination of ahearing officer dated February 28, 2007, made after a Tier III disciplinary hearing, finding thepetitioner guilty of violating Prison Disciplinary Rule 116.10 (7 NYCRR 270.2 [B] [17] [i]) andimposing a penalty.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding isdismissed on the merits, without costs or disbursements.
The determination of the Hearing Officer was supported by substantial evidence (seeMatter of Reyes v Goord, 49 AD3d 546 [2008]; Matter of Igartua v Selsky, 41 AD3d717 [2007]). There is no evidence in this record that the petitioner was denied her right to callwitnesses or otherwise deprived of due process of law.
The petitioner's remaining contentions are without merit. Rivera, J.P., Angiolillo, Dickersonand Chambers, JJ., concur.