| Matter of Harrington v Prack |
| 2012 NY Slip Op 00448 [91 AD3d 1244] |
| Jnury 26, 2012 |
| Appellate Division, Third Department |
| In the Matter of William Harrington, Petitioner, v AlbertPrack, as Director of Special Housing and Inmate Disciplinary Programs,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 the Commissioner of Correctionsand Community Supervision which found petitioner guilty of violating certain prison disciplinaryrules.
After being directed by a correction officer to lock into his cell, petitioner refused, becameaggressive and eventually swung a metal can lid at the officer in a threatening manner. As aresult, he was charged in a misbehavior report with assaulting staff, engaging in violent conduct,refusing a direct order, possessing a weapon and making threats. Following a tier III disciplinaryhearing, he was found guilty of all of the charges except for assaulting staff and the determinationwas affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report and related documentation, together with the testimonyadduced at the hearing, provide substantial evidence supporting the determination of guilt (see Matter of Hamilton v Fischer, 84AD3d 1614 [2011]; Matter ofMalik v Bezio, 76 AD3d 1128, 1128 [2010]). Petitioner's denial of the charges andclaim that the misbehavior report was fabricated presented a credibility issue for the HearingOfficer to resolve (see Matter [*2]of Coleman v Fischer, 87 AD3d 778, 779 [2011]; Matter of Cooper v Prack, 85 AD3d1470, 1471 [2011]). Furthermore, his assertion that the Hearing Officer was biased has notbeen preserved for our review due to his failure to raise it in his administrative appeal (see Matter of Britt v Fischer, 54 AD3d1087 [2008]).
Peters, J.P., Lahtinen, Malone Jr., McCarthy and Garry, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.