| Matter of Taveras v Fischer |
| 2009 NY Slip Op 01263 [59 AD3d 827] |
| February 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Juan Taveras, 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 Albany County) to review a determination of respondent which foundpetitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with assaulting a staffmember and forcible touching. Following a tier III disciplinary hearing, he was found guilty ofboth charges. That determination was affirmed upon administrative appeal and this CPLR article78 proceeding seeking annulment ensued.
We confirm. The misbehavior report, together with the testimony adduced at the hearing,comprise substantial evidence to support the determination of guilt (see Matter of Fuentes v Fischer, 56AD3d 919, 920 [2008]). Petitioner's denial of the allegations against him and his claim ofharassment by the reporting officer created credibility issues for resolution by the HearingOfficer (see Matter of Brown vSelsky, 49 AD3d 1108, 1108 [2008]), as did his claim that the misbehavior report waswritten for a retaliatory purpose (seeMatter of Lewis v Goord, 43 AD3d 1259, 1259 [2007], lv dismissed 9 NY3d1030 [2008]). We have reviewed petitioner's remaining procedural assertions and, to the extentpreserved, find them to be unavailing.
Peters, J.P., Rose, Lahtinen, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.