Opinion
September 21, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review two determinations of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
William F. Bonez, Pine City, petitioner in person.
Eliot Spitzer, Attorney-General (Julie M. Sheridan of counsel), Albany, for respondents.
Before: Mercure, J.P., Crew III, Spain, Mugglin and Rose, JJ.
MEMORANDUM AND JUDGMENT
Petitioner challenges two separate prison disciplinary determinations each of which found him guilty of committing an unhygienic act by throwing feces. Contrary to petitioner's contention, the combination of the first misbehavior report, the photographs of the feces, and the hearing testimony of the correction officers who analyzed the angle from which the feces was thrown and concluded that it originated from petitioner's cell, constitute substantial evidence to support the first determination that petitioner committed an unhygienic act (see,Matter of Headley v. Goord, 274 A.D.2d 714, 715, 711 N.Y.S.2d 214, 215;Matter of Hernandez v. Coombe, 228 A.D.2d 760). Moreover, the second misbehavior report, together with the evidence that feces were observed in the vicinity of petitioner's cell during the same time period in which petitioner was seen attempting to dispose of a styrofoam cup containing feces, provide substantial evidence to support the second determination of guilt (see, Matter of Almonte v. Goord, 261 A.D.2d 684, 685, lv denied 93 N.Y.2d 818; Matter of Burt v. McGinnis, 249 A.D.2d 650). Petitioner's assertions of innocence at the disciplinary hearings created credibility issues for the Hearing Officers to resolve (see, Matter of Ellison v. Goord, 269 A.D.2d 639; Matter of Almonte v. Goord, supra, at 685).
Petitioner's remaining contentions have been reviewed and rejected as unpersuasive.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.