| Matter of Watson v Fischer |
| 2011 NY Slip Op 01666 [82 AD3d 780] |
| March 1, 2011 |
| Appellate Division, Second Department |
| In the Matter of Charles Watson, Petitioner, v BrianFischer, as Commissioner of the New York State Department of Correctional Services,Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and AnnP. Zybert of counsel), for respondent.
Proceeding pursuant to CPLR article 78 to review a determination of Brian Fischer, asCommissioner of the New York State Department of Correctional Services, dated June 10, 2009,which confirmed a determination of a hearing officer, dated June 7, 2009, made after a tier IIdisciplinary hearing, that the petitioner was guilty of violating prison disciplinary rules, andimposed a penalty.
Adjudged that the determination is confirmed, without costs or disbursements, the petition isdenied, and the proceeding is dismissed on the merits.
Contrary to the petitioner's contention, the misbehavior report and other documents presentedat the hearing provided substantial evidence to support the hearing officer's determination that hewas guilty of two charges; violent conduct and fighting in violation of prison disciplinary rules(see 7 NYCRR 270.2 [B] [1] [iv]; [5] [ii]). That evidence also discredited his assertionthat he acted in self-defense (see Matter of Perez v Wilmot, 67 NY2d 615, 616 [1986];Matter of Singh v Coombe, 239 AD2d 721, 722 [1997]; Matter of Smith vCoombe, 234 AD2d 837, 838 [1996]; Matter of Washington v Coombe, 226 AD2d792, 793 [1996]; Matter of Silva v Coughlin, 187 AD2d 763 [1992]; Matter of Abreuv Coughlin, 157 AD2d 1028, 1029-1030 [1990]; see generally People v Petty, 7 NY3d 277, 285 [2006]). Mastro,J.P., Skelos, Eng and Sgroi, JJ., concur.