| Matter of Green v Bezio |
| 2010 NY Slip Op 06681 [76 AD3d 1135] |
| September 23, 2010 |
| Appellate Division, Third Department |
| In the Matter of William Green, Petitioner, v Norman R. Bezio, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1]
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.
Petitioner was charged in a misbehavior report with violating numerous prison disciplinaryrules in the wake of a gang-related assault upon an inmate following which petitioner, who wasallegedly a gang member present for the attack, disposed of the weapon used therein. After a tierIII disciplinary hearing, petitioner was found guilty as charged. His administrative appeal wasunsuccessful, and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, coupled with the confidential documentary evidenceand testimony considered by the Hearing Officer in camera, provide substantial evidencesupporting the determination of guilt (see Matter of Elliott v Fischer, 73 AD3d 1366, 1366-1367 [2010];Matter of Hill v Fischer, 69 AD3d1103, 1103 [2010]). The Hearing Officer was free to credit that evidence over petitioner'sdenial of involvement in the attack and the victim's testimony that he did not believe thatpetitioner would harm him and did not know if petitioner played a role in the attack. Petitioner'sremaining arguments have been reviewed and found to be without merit.[*2]
Mercure, J.P., Peters, Spain, Rose and Stein, JJ., concur.Adjudged that the determination is confirmed, without costs, and petition dismissed.