Opinion
2012-05-17
In the Matter of Wilfredo ROSARIO, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Wilfredo Rosario, Rome, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Wilfredo Rosario, Rome, 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 a prison disciplinary rule.
After returning from court, petitioner refused a correction officer's directive to report to a program. Consequently, he was charged in a misbehavior report with refusing a direct order and failing to accept a program assignment. He was found guilty of the charges following a tier III disciplinary hearing. On administrative appeal, the charge of failing to accept a program assignment was dismissed, but the remainder of the determination was upheld. This CPLR article 78 proceeding ensued.
We confirm. Inasmuch as petitioner pleaded guilty to refusing a direct order, *920 he is precluded from challenging the sufficiency of the evidence supporting the determination of guilt ( see Matter of Lineberger v. Bezio, 89 A.D.3d 1293, 1294, 932 N.Y.S.2d 738 [2011], appeal dismissed 19 N.Y.3d 847, 2012 WL 1592145 [2012]; Matter of Cruz v. Walsh, 87 A.D.3d 1234, 1234, 930 N.Y.S.2d 298 [2011] ). Petitioner's further claim that the Hearing Officer did not provide him with an adequate statement of evidence relied upon has not been preserved for our review due to his failure to raise it in his administrative appeal ( see Matter of Santos v. Evans, 81 A.D.3d 1059, 1060, 916 N.Y.S.2d 325 [2011] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.