Opinion
No. 2010-01050.
March 1, 2011.
Proceeding pursuant to CPLR article 78 to review a determination of Brian Fischer, as Commissioner of the New York State Department of Correctional Services, dated June 10, 2009, which confirmed a determination of a hearing officer, dated June 7, 2009, made after a tier II disciplinary hearing, that the petitioner was guilty of violating prison disciplinary rules, and imposed a penalty.
Charles Watson, Dannemora, N.Y., petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Ann P. Zybert of counsel), for respondent.
Before:Mastro, J.P., Skelos, Eng and Sgroi, JJ.
Adjudged that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.
Contrary to the petitioner's contention, the misbehavior report and other documents presented at the hearing provided substantial evidence to support the hearing officer's determination that he was guilty of two charges; violent conduct and fighting in violation of prison disciplinary rules ( see 7 NYCRR 270.2 [B] [1] [iv]; [5] [ii]). That evidence also discredited his assertion that he acted in self-defense ( see Matter of Perez v Wilmot, 67 NY2d 615, 616; Matter of Singh v Coombe, 239 AD2d 721, 722; Matter of Smith v Coombe, 234 AD2d 837, 838; Matter of Washington v Coombe, 226 AD2d 792, 793; Matter of Silva v Coughlin, 187 AD2d 763; Matter of Abreu v Coughlin, 157 AD2d 1028, 1029-1030; see generally People v Petty, 7 NY3d 277, 285).