| Matter of Edwards v Venettozzi |
| 2009 NY Slip Op 03066 [61 AD3d 1224] |
| April 23, 2009 |
| Appellate Division, Third Department |
| In the Matter of Gerald Edwards, Petitioner, v D.Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al.,Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in two misbehavior reports with assaulting staff, engaging in violentconduct, refusing direct orders, creating a disturbance, interfering with staff and violating facilityfrisk procedures after, among other things, he punched one correction officer in the face and, ashort time later, attempted to kick another correction officer. Following a combined tier IIIdisciplinary hearing, petitioner was found guilty of all charges and a penalty was imposed.Petitioner's administrative appeal was unsuccessful, and he thereafter commenced thisproceeding pursuant to CPLR article 78 seeking to annul the determination of guilt.
We confirm. Contrary to petitioner's assertion, the detailed misbehavior reports, togetherwith the testimony adduced at the hearing, constitute substantial evidence of his guilt (see Matter of Perez v Dubray, 55AD3d 1119 [2008]; Matter ofBenson v Selsky, 50 AD3d 1347 [2008]). Although petitioner denied engaging in theoffending conduct and contended that [*2]correction officersassaulted him without provocation, this presented a credibility issue for the Hearing Officer toresolve (see Matter of Benson v Selsky, supra; Matter of Morillo v Goord, 38 AD3d 947, 947-948 [2007]).Petitioner's remaining contentions, including his assertion that he was denied the right to callwitnesses to testify on his behalf, have been examined and found to be lacking in merit.
Peters, J.P., Rose, Lahtinen, Malone Jr. and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.