Opinion
530537
07-30-2020
In the Matter of Melvin BELTRE, Petitioner, v. Anthony RODRIGUEZ, as acting director of special housing andInmate Disciplinary Programs, Respondent.
Melvin Beltre, Ogdensburg, petitioner pro se. Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Melvin Beltre, Ogdensburg, petitioner pro se.
Letitia James, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Mulvey and Devine, JJ.
MEMORANDUM AND JUDGMENT
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 finding petitioner guilty of violating certain prison disciplinary rules.
While a correction officer was conducting evening rounds, petitioner, in the presence of approximately 15 other inmates, became belligerent, aggressive and, despite being given multiple orders to cease his behavior, threatened to kill the correction officer and his family. As a result of the incident, petitioner was charged in a misbehavior report with making threats, creating a disturbance, refusing a direct order and harassing staff by using insolent language. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. Upon administrative appeal, the determination was affirmed, and a subsequent discretionary review modified the penalty. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report and hearing testimony from the correction officer who authored that report provide substantial evidence to support the determination of guilt (see Matter of Woodward v. Annucci, 175 A.D.3d 785, 786, 105 N.Y.S.3d 724 [2019] ; Matter of Diaz v. Lee, 171 A.D.3d 1382, 1383, 98 N.Y.S.3d 361 [2019] ; Matter of Wigfall v. New York State Dept. of Corr. & Community Supervision, 160 A.D.3d 1332, 1333, 75 N.Y.S.3d 341 [2018] ). The contrary testimony offered by petitioner and his inmate witnesses presented credibility issues for the Hearing Officer to resolve (see Matter of Woodward v. Annucci, 175 A.D.3d at 786, 105 N.Y.S.3d 724 ; Matter of Cosme v. New York State Dept. of Corr. & Community Supervision, 168 A.D.3d 1327, 1328, 92 N.Y.S.3d 745 [2019] ; Matter of Wigfall v. New York State Dept. of Corr. & Community Supervision, 160 A.D.3d at 1333, 75 N.Y.S.3d 341 ). Finally, the record does not disclose any bias on the part of the Hearing Officer or that the determination flowed from any alleged bias (see Matter of Caldara v. Annucci, 160 A.D.3d 1173, 1174, 75 N.Y.S.3d 118 [2018] ). We have examined petitioner's remaining claims and, to the extent that they are preserved, we find that they are lacking in merit.
Garry, P.J., Lynch, Clark, Mulvey and Devine, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.