Opinion
2002-09490
Submitted June 16, 2003.
September 8, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent David Thacker, Deputy Superintendent of Security of Green Haven Correctional Facility, dated April 11, 2002, which affirmed the determination of a Hearing Officer, made after a Tier II hearing, finding that the petitioner was guilty of violating certain prison disciplinary rules and imposing a penalty.
Richard DeGrijze, Stormville, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion Buchbinder and Carol Fischer of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The respondent's determination was supported by substantial evidence (see Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616-617; Matter of James v. Strack, 214 A.D.2d 674, 675).
The petitioner's remaining contentions are without merit.
FLORIO, J.P., SCHMIDT, CRANE and COZIER, JJ., concur.