| Matter of Singh v Bezio |
| 2009 NY Slip Op 08538 [67 AD3d 1223] |
| November 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Brian Singh, Petitioner, v Norman R. Bezio, asDirector 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 a prison disciplinary rule.
Following a tier III disciplinary hearing, petitioner was found guilty of threatening anotherinmate. That determination was affirmed on administrative appeal and this CPLR article 78proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report and testimony from its author, the correction counselor who investigatedthe incident (see Matter of Muller vFischer, 62 AD3d 1191, 1191 [2009]; Matter of Perretti v Fischer, 58 AD3d999, 1000 [2009], lv denied 12 NY3d 709 [2009]). Significantly, the counselor testifiedthat petitioner admitted to him that he had made the purported statements to his fellow inmate.The fact that, at the hearing, petitioner denied making the alleged threats only served to raise acredibility issue to be resolved by the Hearing Officer (see Matter of Morales v Dubray, 62 AD3d 1130, 1130 [2009]; Matter of Garner v Selsky, 47 AD3d1167, 1167 [2008]).
Mercure, J.P., Spain, Kane, Kavanagh and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.