| Matter of Chiarappa v Fischer |
| 2011 NY Slip Op 04152 [84 AD3d 1628] |
| May 19, 2011 |
| Appellate Division, Third Department |
| In the Matter of William Chiarappa, Petitioner, v BrianFischer, as Commissioner of Correctional Services, Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff 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 respondent which found petitionerguilty of violating certain prison disciplinary rules.
During a search of petitioner's cell, a correction officer found a folded metal can lid hiddenunder some clothing on the shelf of petitioner's large locker. Petitioner, in turn, charged at theofficer and tried to strike him with a clenched fist. In response, the officer forced petitioner to theground and held him until other officers assisted in placing petitioner in mechanical restraints.Petitioner continued to resist despite the officer's directives to stop. Petitioner was escorted out ofthe area to the infirmary where he kicked another correction officer with his foot. As a result,petitioner was charged in a misbehavior report with engaging in violent conduct, possessing aweapon, assaulting staff, refusing a direct order and creating a disturbance. Following a tier IIIdisciplinary hearing, petitioner was found guilty of all of the charges except for creating adisturbance. The determination was later affirmed on administrative appeal, resulting in thisCPLR article 78 proceeding.
We confirm. The detailed misbehavior report, together with the related documentation,provide substantial evidence supporting the determination of guilt (see Matter of Truman v [*2]Fischer, 75 AD3d 1019, 1020 [2010]; Matter of Kimble v Fischer, 56 AD3d879, 880 [2008]). Although petitioner denied engaging in any of the conduct providing thebasis for the disciplinary rule violations, this presented an issue of credibility for the HearingOfficer to resolve (see Matter ofRoussopoulas v Cunningham, 76 AD3d 730, 731 [2010]; Matter of Lynch v Fischer, 76 AD3d734, 735 [2010]). Therefore, we find no reason to disturb respondent's determination.
Mercure, J.P., Peters, Malone Jr., Kavanagh and Egan Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.