| Matter of Bowers v Venettozzi |
| 2009 NY Slip Op 01053 [59 AD3d 793] |
| February 11, 2009 |
| Appellate Division, Third Department |
| In the Matter of Keith Bowers, Petitioner, v D. Venettozzi,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Ulster County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Following an altercation with another inmate, petitioner was charged in a misbehavior reportwith violent conduct, assault, fighting and refusing a direct order. At the tier III disciplinaryhearing, petitioner pleaded guilty with explanation to each of the charges and asserted ajustification defense. Ultimately, petitioner was found guilty and an administrative penalty wasimposed. Although the penalty subsequently was modified, petitioner's administrative appealotherwise proved unsuccessful, prompting him to commence this proceeding pursuant to CPLRarticle 78 seeking to annul the determination.
We confirm. Given petitioner's plea and the testimony of the correction officers whoresponded to quell the violent conduct, we conclude that the determination of guilt wassupported by substantial evidence (seeMatter of Ramirez v Goord, 32 AD3d 601 [2006]; Matter of Calhoun v Goord, 20 AD3d 628, 628-629 [2005]).Petitioner's contrary claim that he acted only in self-defense and did not willingly reengage in thefighting, as the correction officers testified, presented a question of credibility for the HearingOfficer to resolve (see Matter of Carterv Goord, 8 AD3d 771, 772 [2004]). Petitioner's remaining claims, including his claim ofhearing officer bias, have been reviewed and found to be without merit.[*2]
Rose, J.P., Lahtinen, Kane and Malone Jr., JJ., concur.Adjudged that the determination is confirmed, without costs, and petition dismissed.