Opinion
2002-10071
Submitted April 11, 2003.
May 12, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of the Green Haven Correctional Facility, dated April 17, 2002, which affirmed a determination of a Hearing Officer, dated April 10, 2002, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating institutional rules, and imposing a penalty.
Ronald Benn, Stormville, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contentions, the determination that he violated three institutional rules is supported by substantial evidence (see Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113; Matter of Bryant v. Coughlin, 77 N.Y.2d 642; Matter of Foster v. Coughlin, 76 N.Y.2d 964; Matter of James v. Strack, 214 A.D.2d 674).
The petitioner's remaining contentions are without merit.
SANTUCCI, J.P., SMITH, McGINITY and SCHMIDT, JJ., concur.