Opinion
526860
03-14-2019
In the Matter of Korey LIGGINS, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Korey Liggins, Dannemora, petitioner pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Korey Liggins, Dannemora, petitioner pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Aarons, JJ.
MEMORANDUM AND JUDGMENT
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 finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with possessing a weapon and smuggling. According to the misbehavior report, petitioner, who was under contraband watch, was observed making odd movements near the cell door, prompting a search of the cell that revealed two pieces from a black ceramic scalpel blade wedged between the cell door window and the caulk surrounding the window, which objects were consistent with recent X rays of petitioner that depicted a foreign object in his body. Following a tier III disciplinary hearing, petitioner was found guilty as charged, and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
Contrary to petitioner's contention, the misbehavior report, scalpel blades, hearing testimony and related documentation, including the X rays, and the inferences to be drawn therefrom provide substantial evidence to support the determination (see Matter of Shearer v. Annucci, 155 A.D.3d 1277, 1277, 65 N.Y.S.3d 249 [2017] ; Matter of Sparks v. Annucci, 144 A.D.3d 1352, 1352–1353, 43 N.Y.S.3d 145 [2016] ; Matter of Figueroa v. Lacy, 260 A.D.2d 765, 766, 688 N.Y.S.2d 721 [1999] ). Petitioner's contention that he did not ingest any weapon and that the scalpel pieces found in the cell were not his presented credibility issues for the Hearing Officer to resolve (see Matter of Lebron v. Annucci, 163 A.D.3d 1387, 1387, 77 N.Y.S.3d 897 [2018] ; Matter of Tavarez v. Annucci, 134 A.D.3d 1374, 1375, 21 N.Y.S.3d 767 [2015] ). We have reviewed petitioner's procedural challenges and find them to be without merit.
Garry, P.J., Egan Jr., Clark, Mulvey and Aarons, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.