Opinion
2012-05-24
In the Matter of John SHIELDS, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.
John Shields, Romulus, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
John Shields, Romulus, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
During a comedic performance that was part of a prison talent show, petitioner used vulgar and profane language and made comments that were disrespectful to staff. As a result, he was charged in a misbehavior report with harassment, interfering with an employee and a creating a disturbance. Petitioner was found guilty of the charges at the conclusion of a tier III disciplinary hearing. On administrative appeal, the charge of interfering with an employee was dismissed, but the remainder of the determination was upheld with a modified penalty. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the testimony presented at the hearing, provide substantial evidence supporting the determination of guilt ( see *710Matter of Telford v. Fischer, 67 A.D.3d 1109, 1110, 889 N.Y.S.2d 698 [2009];Matter of Dixon v. Brown, 62 A.D.3d 1223, 1224, 882 N.Y.S.2d 319 [2009],lv. denied13 N.Y.3d 704, 2009 WL 2871223 [2009] ). Petitioner's challenge to the misbehavior report as well as his other contentions have not been preserved for our review.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.