| Matter of Lynch v Fischer |
| 2010 NY Slip Op 06337 [76 AD3d 734] |
| August 5, 2010 |
| Appellate Division, Third Department |
| In the Matter of Anthony Lynch, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
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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 which foundpetitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with engaging in lewd conduct after heexposed his genitals to female correction officers. Following a tier III disciplinary hearing, hewas found guilty of the charge. The determination was later affirmed on administrative appeal,resulting in this CPLR article 78 proceeding.
We confirm. The misbehavior report, together with the testimony of the correction officerswho observed the incident in question, provide substantial evidence supporting the determinationof guilt (see Matter of Hodges vFischer, 71 AD3d 1295 [2010]; Matter of Dallio v Fischer, 68 AD3d 1380 [2009]). Petitioner'sdenial of wrongdoing presented a credibility issue for the Hearing Officer to resolve (seeMatter of James v Fischer, 58 AD3d 981 [2009]; Matter of Rojas v Selsky, 55 AD3d 1189 [2008]). We haveconsidered petitioner's remaining contentions, including his claim that the disposition wasfounded upon inaccurate information, and find them to be unavailing.
Cardona, P.J., Rose, Lahtinen, Stein and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.