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Henriquez v. Dubray

Appellate Division of the Supreme Court of New York, Third Department
May 29, 2008
51 A.D.3d 1350 (N.Y. App. Div. 2008)

Opinion

No. 503680.

May 29, 2008.

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 Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Mike Henriquez, Dannemora, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Cardona, P.J., Peters, Carpinello, Lahtinen and Kavanagh, JJ.


Petitioner, a prison inmate, was charged in a misbehavior report with verbally threatening a facility employee. After a tier III disciplinary hearing, petitioner was found guilty. Petitioner's unsuccessful administrative appeal prompted this CPLR article 78 proceeding challenging the determination.

The determination of guilt is supported by substantial evidence consisting of the misbehavior report and testimony at the hearing from the report's author and by petitioner ( see Matter of Harvey v Goord, 47 AD3d 1096, 1096). To the extent that petitioner denied that his comments were intended as threats, a credibility issue was created for resolution by the Hearing Officer ( see Matter of Garner v Selsky, 47 AD3d 1167, 1167). Accordingly, the determination is confirmed.

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


Summaries of

Henriquez v. Dubray

Appellate Division of the Supreme Court of New York, Third Department
May 29, 2008
51 A.D.3d 1350 (N.Y. App. Div. 2008)
Case details for

Henriquez v. Dubray

Case Details

Full title:In the Matter of MIKE HENRIQUEZ, Petitioner, v. KEITH DUBRAY, as Director…

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

Date published: May 29, 2008

Citations

51 A.D.3d 1350 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4808
857 N.Y.S.2d 513