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Rosa v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Jan 24, 2008
47 A.D.3d 1142 (N.Y. App. Div. 2008)

Opinion

No. 502350.

January 24, 2008.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Eastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Tony Rosa, Napanoch, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.

Before: Mercure, J.P., Peters, Carpinello, Rose and Kane, JJ.


Petitioner, an inmate, was charged in a misbehavior report with providing unauthorized legal assistance. Following a tier II disciplinary hearing, he was found guilty of THE charge. Petitioner exhausted his administrative remedies and then commenced this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report, accompanying documentation and statements made by petitioner at the hearing ( see Matter of Becker v Goord, 13 AD3d 947, 948). Contradictory testimony and innocent explanations offered by petitioner and other inmate witnesses created credibility issues for resolution by the Hearing Officer ( see Matter of Barclay v Goord, 23 AD3d 862, 862, lvs denied 6 NY3d 705, 710). We have examined petitioner's remaining claim that the misbehavior report was deficient and find it to be unpersuasive.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Rosa v. Brown

Appellate Division of the Supreme Court of New York, Third Department
Jan 24, 2008
47 A.D.3d 1142 (N.Y. App. Div. 2008)
Case details for

Rosa v. Brown

Case Details

Full title:In the Matter of TONY ROSA, Petitioner, v. WILLIAM D. BROWN, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 24, 2008

Citations

47 A.D.3d 1142 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 395
849 N.Y.S.2d 185

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