Opinion
516905
03-26-2015
In the Matter of Camillo DOUGLAS, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Jillian S. Harrington, Monroe Township, New Jersey, for petitioner. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Jillian S. Harrington, Monroe Township, New Jersey, for petitioner.
Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Before: McCARTHY, J.P., EGAN JR., DEVINE and CLARK, JJ.
Opinion
McCARTHY, J.P.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.
Petitioner was suspected of possessing a weapon and was ordered to submit to a pat frisk. During the course of the frisk, he kicked the correction officer who was conducting it and attempted to flee the area. In the course of doing so, he ran into another officer and knocked him to the floor. A physical altercation then ensued between petitioner and a number of officers during which petitioner began yelling obscenities. He was ultimately subdued and removed from the area. As a result of this incident, petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct, creating a disturbance and failing to comply with frisk procedures. He was found guilty of the charges following a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, related documentation and testimony of correction officers involved in the incident provide substantial evidence supporting the determination of guilt (see Matter of Alsaifullah v. Fischer, 118 A.D.3d 1239, 1240, 987 N.Y.S.2d 717 [2014], lv. denied 24 N.Y.3d 906, 2014 WL 5368870 [2014] ; Matter of Walker v. Fischer, 108 A.D.3d 999, 1000, 969 N.Y.S.2d 256 [2013] ). Any inconsistencies in the testimony and petitioner's protestations of innocence presented credibility issues for the Hearing Officer to resolve (see Matter of Rouse v. Fischer, 94 A.D.3d 1310, 1310, 942 N.Y.S.2d 384 [2012] ; Matter of Crenshaw v. Fischer, 89 A.D.3d 1343, 1344, 932 N.Y.S.2d 912 [2011] ). Furthermore, we reject petitioner's assertion that the Hearing Officer improperly relied upon confidential information. Although confidential information led to the pat frisk, it did not provide a basis for the determination of petitioner's guilt (see Matter of Horne v. Fischer, 98 A.D.3d 788, 789, 949 N.Y.S.2d 814 [2012] ; Matter of Mullady v. Bezio, 87 A.D.3d 765, 766, 928 N.Y.S.2d 149 [2011] ). We have considered petitioner's remaining contentions and find that they are either unpreserved for our review or are lacking in merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
EGAN JR., DEVINE and CLARK, JJ., concur.