Opinion
2011-09-29
In the Matter of Michael ARGENTIERI, Petitioner,v.Brian FISCHER, as Commissioner of Correctional Services, Respondent.
Michael Argentieri, Romulus, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
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 a determination finding him guilty of causing a disturbance, urging a demonstration, interfering with an employee, harassment and refusing a direct order. We are not persuaded by petitioner's contention that the determination lacks substantial evidence support. The evidence presented at the hearing, including the misbehavior report and testimony from correction officers, an inmate witness and petitioner, provide ample support for the Hearing Officer's conclusion that petitioner's loud, disruptive behavior in the mess hall constituted a violation of the disciplinary rules charged. Although petitioner presented testimony about the incident that was contrary to that of the correction officers, this presented a credibility issue for the Hearing Officer to resolve ( see Matter of Chiarappa v. Fischer, 84 A.D.3d 1628, 923 N.Y.S.2d 310 [2011]; Matter of Key v. Fischer, 72 A.D.3d 1365, 1366, 901 N.Y.S.2d 722 [2010] ). We further find that the determination of petitioner's guilt resulted from the evidence presented rather than any alleged hearing officer bias ( see Matter of Green v. Bradt, 79 A.D.3d 1566, 1567, 914 N.Y.S.2d 739 [2010], lv. denied 16 N.Y.3d 709, 2011 WL 1237573 [2011] ).
Petitioner's remaining contentions, to the extent that they are preserved for our review, have been considered and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
SPAIN, J.P., ROSE, LAHTINEN, McCARTHY and GARRY, JJ., concur.