Opinion
2011-08-4
In the Matter of Carlos PUJALS, Petitioner,v.Brian FISCHER, as Commissioner of Correctional Services, et al., Respondents.
Carlos Pujals, Gouverneur, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Following a urinalysis test that produced a positive result, petitioner was charged in a misbehavior report with violating a prison disciplinary rule prohibiting drug use. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of the charge and that determination was upheld on administrative appeal. Petitioner thereafter commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, test results and other supporting documentation
provide substantial evidence supporting the determination of guilt ( see Matter of Hill v. Smith, 73 A.D.3d 1418, 1418, 904 N.Y.S.2d 231 [2010]; Matter of White v. Superintendent of Wyoming Correctional Facility, 69 A.D.3d 1180, 1181, 895 N.Y.S.2d 216 [2010]; Matter of Martinez v. Goord, 48 A.D.3d 851, 851, 850 N.Y.S.2d 708 [2008] ). Petitioner's contention that the misbehavior report was incomplete or contained errors is not preserved for our review inasmuch as he failed to raise these issues at the hearing ( see Matter of Colon v. Goord, 11 A.D.3d 839, 840, 783 N.Y.S.2d 158 [2009]; Matter of Smith v. Dubray, 58 A.D.3d 968, 969, 871 N.Y.S.2d 758 [2004];) and, in any event, is without merit. We do not agree with petitioner's contention that he was improperly denied daily worksheets of his past urinalysis tests because those documents were not relevant to the present charge ( see Matter of Mullen v. Superintendent of Southport Correctional Facility, 29 A.D.3d 1244, 1244–1245, 815 N.Y.S.2d 778 [2006]; Matter of McCorkle v. Bennett, 8 A.D.3d 918, 919, 779 N.Y.S.2d 623 [2004] ). To the extent that petitioner claims that the decision was affected by hearing officer bias, this claim is not substantiated by the record ( see Matter of Lopez v. Fischer, 60 A.D.3d 1180, 1180, 873 N.Y.S.2d 922 [2009]; Matter of Williams v. Fischer, 52 A.D.3d 1005, 1006, 860 N.Y.S.2d 238 [2008]; Matter of McCorkle v. Bennett, 8 A.D.3d at 919, 779 N.Y.S.2d 623). Petitioner's remaining contentions have been reviewed and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
MeRCURE, J.P., ROSE, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.