| Matter of Sweet v Woods |
| 2009 NY Slip Op 01752 [60 AD3d 1183] |
| March 12, 2009 |
| Appellate Division, Third Department |
| In the Matter of Jack Sweet, Petitioner, v R. Woods, asSuperintendent of Upstate Correctional Facility, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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.
After an incident arising out of petitioner's insistence that there was a problem with his food,he was charged in a misbehavior report with refusing a direct order, making threats and creatinga disturbance. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was foundguilty of all charges. That determination was affirmed upon administrative appeal, promptingthis CPLR article 78 proceeding.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report and videotape depicting the incident in question (see Matter of McEachin v Napoli, 56AD3d 1089, 1089 [2008]). Petitioner's assertion that the Hearing Officer was biased isneither substantiated by the record nor is there any indication that the determination in issueflowed from any purported bias (seeMatter of Randolph v Napoli, 56 AD3d 832, 833 [2008]). We have examinedpetitioner's remaining contentions, including his claims that he was denied adequate employeeassistance and was deprived of the right to present witness testimony, [*2]and find them to be unavailing.
Peters, J.P., Rose, Lahtinen, Kavanagh and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.