Opinion
2001-10560
Submitted June 2, 2003.
June 23, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Sing Sing Correctional Facility, New York State Department of Correctional Services, dated June 26, 2001, which confirmed a determination of a Hearing Officer dated May 14, 2001, made after a Tier III disciplinary hearing, finding the petitioner guilty of violating two prison disciplinary rules, and imposing a penalty.
Da'Ud Nashid, Ossining, N.Y., appellant pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Deon J. Nossel and Ann P. Zybert of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the determination finding him guilty of violating two prison disciplinary rules was supported by substantial evidence in the record (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179-180; cf. Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647).
ALTMAN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.