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In re Agosta

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 2009
67 A.D.3d 1177 (N.Y. App. Div. 2009)

Opinion

No. 506872.

November 12, 2009.

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 which found petitioner guilty of violating certain prison disciplinary rules.

Reynaldo S. Agosta, Attica, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Peters, J.P., Rose, Kane, Stein and Garry, JJ., concur.


Petitioner, an inmate, was charged in a misbehavior report with, among other things, possession of an item in an unauthorized area and possession of contraband after a test answer key in his handwriting was found in another inmate's folder. Following a tier II disciplinary hearing, petitioner was found guilty of the enumerated charges. The determination was affirmed on administrative appeal, and petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, the copy of the answer key, petitioner's admissions that he had written the key and put it in his folder and the testimony of the correction counselor that petitioner was not authorized to have the key provide substantial evidence to support the determination of petitioner's guilt ( see Matter of Moore v Fischer, 63 AD3d 1401, 1401; Matter of Pena v Selsky, 53 AD3d 938, 938-939). Petitioner's remaining contentions are unpreserved for our review.

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


Summaries of

In re Agosta

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 2009
67 A.D.3d 1177 (N.Y. App. Div. 2009)
Case details for

In re Agosta

Case Details

Full title:In the Matter of REYNALDO S. AGOSTA, Petitioner, v. DAVID UNGER, as…

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

Date published: Nov 12, 2009

Citations

67 A.D.3d 1177 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8124
887 N.Y.S.2d 882