| Matter of Woodard v Prack |
| 2009 NY Slip Op 05666 [64 AD3d 842] |
| July 2, 2009 |
| Appellate Division, Third Department |
| In the Matter of Victor Woodard, Petitioner, v Albert Prack, asDirector of Special Housing and Inmate Disciplinary Programs,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 the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
At the conclusion of a tier III prison disciplinary hearing, petitioner was found guilty ofmaking threats. That determination, which was affirmed upon administrative appeal, was basedupon a threatening letter which was found to have been authored by petitioner. This CPLRarticle 78 proceeding seeking annulment ensued.
We confirm. The misbehavior report and corroborating hearing testimony, together with thecomparison of the offending letter and exemplars of petitioner's handwriting, provide substantialevidence to support the determination of guilt (see Matter of Koehl v Fischer, 52 AD3d 1070, 1071 [2008],appeal dismissed 11 NY3d 809 [2008]). Petitioner's claim that the Hearing Officer failedto perform an independent handwriting analysis is wholly belied by the record.
Cardona, P.J., Rose, Lahtinen, Kavanagh and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.