Opinion
April 13, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Robert Mason, Pine City, petitioner in person.
Eliot Spitzer, Attorney-General (Marcus Mastracco of counsel), Albany, for respondents.
Before: MERCURE, J.P., CREW III, PETERS, SPAIN and CARPINELLO, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from making threats and refusing a direct order. The charges stem from an incident wherein petitioner threatened to spit on a correction officer who discovered that petitioner had failed to comply with a direct order to trim his fingernails. Contrary to petitioner's contention, the detailed misbehavior report and hearing testimony provide substantial evidence to support the determination of his guilt (see, Matter of Harris v. Corcoran, 261 A.D.2d 740; Matter of Saunders v. La Bombard, 257 A.D.2d 840). Moreover, the hearing was timely concluded pursuant to a valid extension granted for the purpose of obtaining the testimony of a witness requested by petitioner (see, Matter of Stokes v. Goord, 254 A.D.2d 558, lv denied 92 N.Y.2d 819; Matter of Reynoso v. Coombe, 229 A.D.2d 732, lv denied 89 N.Y.2d 801). We have examined petitioner's remaining contentions and find them to be lacking in merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.