Opinion
2012-03-8
In the Matter of Jamie P. SHELLER, Petitioner, v. Norman R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Jamie P. Sheller, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Jamie P. Sheller, Dannemora, 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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
After petitioner, a prison inmate, was observed looking down the blouse of a female correction counselor, he was charged in a misbehavior report with stalking, harassment and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of harassment. That determination was affirmed upon administrative review, after which petitioner commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report and testimony of the correction counselor provide substantial evidence to support the determination of guilt ( see Matter of Cruz v. Walsh, 87 A.D.3d 1234, 1234–1235, 930 N.Y.S.2d 298 [2011]; Matter of Crenshaw v. Fischer, 87 A.D.3d 1246, 1247, 931 N.Y.S.2d 416 [2011] ). Minor discrepancies between the report and the testimony raised questions of credibility to be resolved by the Hearing Officer ( see Matter of Polite v. Fischer, 87 A.D.3d 1212, 1212, 929 N.Y.S.2d 782 [2011]; Matter of Williams v. Fischer, 84 A.D.3d 1661, 1662, 923 N.Y.S.2d 913 [2011], lv. denied 17 N.Y.3d 711, 2011 WL 4389164 [2011] ). The remainder of petitioner's contentions are unpreserved for review by virtue of his failure to raise them at the hearing or in his administrative appeal ( see Matter of Crenshaw v. Fischer, 87 A.D.3d at 1247, 931 N.Y.S.2d 416; Matter of Kalwasinski v. Fischer, 87 A.D.3d 1207, 1208, 929 N.Y.S.2d 777 [2011] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.