Opinion
03-30-2016
In the Matter of Gamel BROWNE, petitioner, v. Michael CAPRA, etc., respondent.
Gamel Browne, Ossining, N.Y., petitioner pro se. Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
Gamel Browne, Ossining, N.Y., petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
Opinion
Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Sing Sing Correctional Facility, dated October 31, 2013, which affirmed a determination of a hearing officer dated October 16, 2013, made after a Tier II disciplinary hearing, that the petitioner was guilty of Institutional Rules of Conduct rules 101.20 and 112.22 (7 NYCRR 270.2[B][2] [iii]; [13][iv] ) and imposing penalties.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the misbehavior report and the hearing testimony provided substantial evidence to support the hearing officer's determination that the petitioner violated the subject disciplinary rules (see Matter of Davis v. Lee, 127 A.D.3d 1186, 5 N.Y.S.3d 895; Matter of La Puma v. Lee, 115 A.D.3d 745, 746, 981 N.Y.S.2d 610).
Furthermore, contrary to the petitioner's contention, the misbehavior report was sufficiently specific to provide him with notice of the particulars of the alleged incident of misbehavior involved (see 7 NYCRR 251–3.1[c][1]; Matter of Davis v. Lee, 127 A.D.3d at 1186, 5 N.Y.S.3d 895; Matter of Anekwe v. Ercole, 74 A.D.3d 1335, 903 N.Y.S.2d 253).
The petitioner's remaining contentions are without merit.
DILLON, J.P., CHAMBERS, DICKERSON and BARROS, JJ., concur.