Opinion
January 20, 2000
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Greene County) to review a determination respondent which found petitioner guilty of violating a prison disciplinary rule.
Eddie Ortiz, Coxsackie, petitioner in person.
Eliot Spitzer, Attorney-General (Nancy A. Spiegel of counsel), Albany, for respondent.
Before: CARDONA, P.J., MERCURE, PETERS, CARPINELLO and MUGGLIN, JJ.
MEMORANDUM AND JUDGMENT
Following a tier II hearing, petitioner pleaded guilty with an explanation to violating a prison disciplinary rule prohibiting prisoners from being out of place. The misbehavior report stated that petitioner was found in the yard rather than in the print shop for which he was scheduled all day. The Hearing Officer, relying on the misbehavior report and petitioner's own admissions, found petitioner guilty of the charged rule violation. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding which was transferred to this court.
Initially, given petitioner's plea of guilty to the charge of being out of place, we note that he is precluded from challenging the determination of his guilt on this charge as not supported by substantial evidence (see, Matter of Andersen v. Goord, 262 A.D.2d 896, 694 N.Y.S.2d 776). In any event, the misbehavior report as well as petitioner's own admissions provide substantial evidence to support the determination finding petitioner guilty of the charged violation.
Cardona, P.J., Mercure, Peters, Carpinello and Mugglin, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.