| Matter of Edwards v Bezio |
| 2010 NY Slip Op 00337 [69 AD3d 1077] |
| January 14, 2010 |
| Appellate Division, Third Department |
| In the Matter of Mark Edwards, Petitioner, v Norman Bezio, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco 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 certain prison disciplinary rules.
Following an altercation with correction officers, petitioner was charged in a misbehaviorreport with attempting to inflict bodily harm on a staff member, violent conduct, disobeying adirect order and interfering with an employee. At the conclusion of a tier III disciplinary hearing,petitioner was found guilty of all charges. This determination was affirmed on administrativeappeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. Contrary to petitioner's contention, the misbehavior report, together with thetestimony of the correction officers involved in the incident and other documentary evidence,provide substantial evidence to support the determination of guilt (see Matter of Matthews v Goord, 47AD3d 1043, 1043 [2008]; Matterof Spencer v Goord, 38 AD3d 1028, 1028 [2007], lv denied 9 NY3d 802[2007]). Contradictory testimony given by petitioner and his inmate witnesses that the correctionofficers were the aggressors presented a credibility issue for the Hearing Officer to resolve (see Matter of Terrence v Fischer, 64AD3d 1110, 1111 [2009]). Petitioner's remaining claims, to the extent they are properlybefore us, have been reviewed and found to be without merit.[*2]
Cardona, P.J., Peters, Rose, Malone Jr. and Stein, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.