Opinion
2015-09-24
In the Matter of Sean WHITE, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Sean White, Malone, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Sean White, Malone, 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.
Petitioner was charged in a misbehavior report with attempted assault on staff, making threats, creating a disturbance and disobeying a direct order. According to the misbehavior report, petitioner became agitated and loud while being escorted to a medical transport and disregarded orders to stop approaching the correction officers. Petitioner then lunged at a correction officer, requiring force to be used to restrain petitioner. The incident delayed the transport of the other inmates in the area preparing for the medical trips. Following a hearing, petitioner was found guilty of all charges. That determination was affirmed on administrative appeal, prompting this CPLR article 78 proceeding.
Contrary to petitioner's contention, the misbehavior report, testimony of the correction officers involved, related documentation and the videotape of the incident provided substantial evidence to support the determination of guilt ( see Matter of Wilson v. Annucci, 129 A.D.3d 1422, 1422, 10 N.Y.S.3d 908 [2015]; Matter of Lamphear v. Fischer, 76 A.D.3d 1166, 1166, 907 N.Y.S.2d 756 [2010] ). Petitioner's testimony that he did not engage in the alleged conduct created a credibility issue for the Hearing Officer to resolve ( see Matter of Beasley v. Venettozzi, 122 A.D.3d 1038, 1038, 995 N.Y.S.2d 843 [2014] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed. PETERS, P.J., LAHTINEN, GARRY and ROSE, JJ., concur.