| Matter of Carlisle v Lee |
| 2012 NY Slip Op 04742 [96 AD3d 837] |
| June 13, 2012 |
| Appellate Division, Second Department |
| In the Matter of Antwane Carlisle, Petitioner, v WilliamLee, Superintendent, Green Haven Correctional Facility, 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 the Superintendent ofthe Green Haven Correctional Facility dated June 15, 2010, which confirmed a determination ofa hearing officer dated June 8, 2010, made after a tier II disciplinary hearing, finding thepetitioner guilty of violating prison disciplinary rule 116.10 (7 NYCRR 270.2 [B] [17] [i]), andimposing penalties.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding isdismissed on the merits, without costs or disbursements.
When reviewing a prison disciplinary determination, the court must decide only whether thedetermination was supported by substantial evidence (see CPLR 7803 [4]; Matter ofLahey v Kelly, 71 NY2d 135, 140 [1987]; Matter of Reyes v Leclaire, 49 AD3d 884 [2008]; Matter of Blanco v Selsky, 45 AD3d679, 679-680 [2007]; Matter of DeLa Cruz v Selsky, 36 AD3d 907 [2007]). Here, contrary to the petitioner's contention,the determination that he violated prison disciplinary rule 116.10 (7 NYCRR 270.2 [B] [17] [i])was supported by substantial evidence (see Matter of Mills v Fischer, 85 AD3d 1033 [2011]; Matter of Mabry v Maddox, 57 AD3d1000 [2008]; Matter of Lewis vConnolly, 44 AD3d 665 [2007]).
The petitioner failed to demonstrate that the hearing officer was biased against him. Therecord demonstrates that the hearing was conducted in a fair and impartial manner and that thedetermination was not the result of any alleged bias on the part of the hearing officer (seeMatter of Reyes v Leclaire, 49 AD3d at 885; Matter of Smythe v Goord, 41 AD3d 608, 609 [2007]).
The petitioner's remaining contentions are without merit. Rivera, J.P., Dickerson, Hall andMiller, JJ., concur.