Opinion
2012-12-13
In the Matter of Richard FORD, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Richard Ford, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Richard Ford, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: MERCURE, J.P., ROSE, SPAIN, STEIN and EGAN JR., JJ.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was found guilty of violating the prison disciplinary rules prohibiting him from engaging in sex acts, forcibly touching an employee's sexual or intimate parts and making false statements. An eyewitness testified that she observed him kissing an employee's buttocks and, when coupled with the confidential testimony of an investigator who interviewed petitioner regarding the incident and the misbehavior report itself, substantial evidence accordingly exists to support the determination of guilt ( see Matter of Taveras v. Fischer, 59 A.D.3d 827, 828, 872 N.Y.S.2d 681 [2009],lv. denied13 N.Y.3d 702, 2009 WL 2622092 [2009];Matter of Powell v. Goord, 34 A.D.3d 876, 877, 823 N.Y.S.2d 579 [2006] ). The denials of petitioner and the employee created credibility issues for resolution by the Hearing Officer, as did petitioner's claim that the eyewitness had reason to retaliate against him ( see Matter of Taveras v. Fischer, 59 A.D.3d at 828, 872 N.Y.S.2d 681). Petitioner's remaining arguments, to the extent they are properly before us, have been examined and found to lack merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.