Opinion
2004-02447
October 4, 2004.
Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Green Haven Correctional Facility, dated August 19, 2003, which affirmed a determination of a Hearing Officer dated July 28, 2003, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating prison rules and imposing a penalty.
Before: Santucci, J.P., Luciano, Schmidt and Skelos, JJ., concur.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
"In reviewing a prison disciplinary determination, the court's inquiry is limited to deciding whether the determination was supported by substantial evidence" ( Matter of Glover v. Goord, 262 AD2d 483, 484; see People ex rel. Vega v. Smith, 66 NY2d 130). "[S]ubstantial evidence `means such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact'" ( People ex rel. Vega v. Smith, supra at 139, quoting 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 NY2d 176, 180). Here, a review of the record reveals that there was substantial evidence to support the respondent's determination that the petitioner violated prison rules ( see Matter of Foster v. Coughlin, 76 NY2d 964; Matter of Perez v. Wilmot, 67 NY2d 615; see also, Matter of McIntosh v. Coughlin, 155 AD2d 762). Accordingly, we confirm the determination.