| Matter of Jackson v Fischer |
| 2009 NY Slip Op 01257 [59 AD3d 820] |
| February 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Carl Jackson, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondent.
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 which foundpetitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tierIII disciplinary determination finding him guilty of solicitation and harassment. We nowconfirm.
The determination of guilt is supported by substantial evidence including the misbehaviorreport, subject correspondence, handwriting samples and testimony adduced at the hearing (see Matter of Koehl v Fischer, 52AD3d 1070, 1071 [2008], appeal dismissed 11 NY3d 809 [2008]). Petitioner'sassertion that the misbehavior report was fabricated as a means of retaliation for his past filing ofgrievances created a credibility issue for resolution by the Hearing Officer (see Matter of Ryan v Goord, 12 AD3d799, 799 [2004]). Given petitioner's continued disruptive behavior during the hearingdespite the Hearing Officer's repeated warnings to stop, we cannot conclude that petitioner wasimproperly removed from the remainder of the hearing (see Matter of Chavis v Goord, 43 AD3d 1235, 1235-1236 [2007]).Finally, petitioner's assertion that the Hearing Officer was biased is not supported by the record;nor is there any indication that the determination at hand flowed from any purported bias (seeMatter of Randolph v Napoli, 56 [*2]AD3d 832, 833[2008]).
We have examined petitioner's remaining contentions and, to the extent preserved, find themto be unavailing.
Cardona, P.J., Mercure, Kavanagh, Stein and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.