| Matter of Reynoso v Fischer |
| 2009 NY Slip Op 08117 [67 AD3d 1166] |
| November 12, 2009 |
| Appellate Division, Third Department |
| In the Matter of Ignacio Reynoso, 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 finding petitionerguilty of violating a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of engaging in lewdconduct. That determination was administratively affirmed and this CPLR article 78 proceedingensued.
We confirm. Substantial evidence, consisting of the eyewitness misbehavior report andconfidential testimony heard by the Hearing Officer in camera, supports the determination ofguilt (see Matter of Arnold vFischer, 60 AD3d 1177, 1177 [2009]; Matter of Gallo v Fischer, 50 AD3d 1374, 1374 [2008]). We areunpersuaded by petitioner's contention that he was denied the right to call inmate witnesses totestify, as the requested witnesses executed written refusal forms indicating that they had noknowledge of the alleged incident (seeMatter of Wilson v Goord, 47 AD3d 1102, 1103 [2008]). We have examinedpetitioner's remaining claims, including that he was deprived of adequate employee assistanceand that the Hearing Officer was biased, and find them to be either unpreserved or without merit.[*2]
Cardona, P.J., Mercure, Peters, Kane and Malone Jr., JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.