Opinion
2014-08-7
In the Matter of Rory DOLAN, Petitioner, v. Anthony ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Rory Dolan, Otisville, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Rory Dolan, Otisville, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
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 a prison disciplinary rule.
Following a verbal altercation with another inmate in the laundry area and bathroom of their housing unit, petitioner was charged in a detailed misbehavior report with creating a disturbance. That report, as well as the testimony of the correction officer who authored it, provided substantial evidence for the determination that petitioner was guilty as charged ( see Matter of Green v. Bradt, 91 A.D.3d 1235, 1237, 937 N.Y.S.2d 456 [2012],lv. denied19 N.Y.3d 802, 2012 WL 1538331 [2012];Matter of Hale v. Selsky, 57 A.D.3d 1136, 1137, 871 N.Y.S.2d 426 [2008],appeal dismissed12 N.Y.3d 776, 879 N.Y.S.2d 33, 906 N.E.2d 1066 [2009] ). Petitioner's contrary testimony that he was not arguing with the other inmate and was only speaking loudly because of the nearby washing machines and dryers presented a credibility issue for the Hearing Officer to resolve ( see Matter of Hale v. Selsky, 57 A.D.3d at 1137, 871 N.Y.S.2d 426). Further, the record does not support petitioner's assertion that the Hearing Officer was biased or that the determination flowed from that alleged bias ( see Matter of Ferguson v. Fischer, 116 A.D.3d 1314, 1314, 983 N.Y.S.2d 914 [2014] ). Petitioner's remaining contentions are either unpreserved or lack merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed. GARRY, J.P., ROSE, EGAN JR., DEVINE and CLARK, JJ., concur.