Opinion
518438
12-11-2014
In the Matter of George HAYES, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
George Hayes, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
George Hayes, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Opinion 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 respondent which found petitioner guilty of violating certain prison disciplinary rules.Petitioner commenced this CPLR article 78 proceeding challenging an administrative determination finding him guilty of violating, as is relevant herein, the prison disciplinary rules that prohibit possession of alcohol, possession of an altered item, smuggling and property damage. The charges stem from the discovery of a 54–quart bin of fermenting liquid containing fruit and socks filled with bread. A rubber hose—later identified as missing from the mess hall—was also in the bin that, apparently, was being used as a syphon. Numerous empty clear plastic bottles were also discovered following a search of petitioner's cell.
Although petitioner was also found guilty of refusing a direct order and a urinalysis testing violation as charged in a separate misbehavior report, he has abandoned any challenge thereto by not advancing any argument regarding the same in his brief.
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The misbehavior report, related documentation and testimony at the hearing provide substantial evidence to support the determination of guilt (see Matter of Sorrentino v. Fischer, 78 A.D.3d 1354, 1355, 909 N.Y.S.2d 925 [2010] ; Matter of Butler v. Fischer, 74 A.D.3d 1651, 1652, 904 N.Y.S.2d 793 [2010] ). To the extent that petitioner claims that he was improperly denied the right to call a witness, the record establishes that the Hearing Officer appropriately determined that the requested testimony was irrelevant (see Matter of Credell v. Fischer, 120 A.D.3d 857, 857–858, 990 N.Y.S.2d 369 [2014] ; Matter of Reynoso v. Fischer, 73 A.D.3d 1315, 1316, 899 N.Y.S.2d 913 [2010] ). Petitioner's remaining contentions, to the extent they are discernable, have been reviewed and found to be without merit.ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
McCARTHY, J.P., GARRY, ROSE, LYNCH and DEVINE, JJ., concur.