Opinion
2001-10227.
December 29, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Southport Correctional Facility, New York State Department of Correctional Services, dated February 20, 2001, which confirmed so much of a determination of a Hearing Officer dated November 27, 2000, made after a Tier III disciplinary hearing, as found the petitioner guilty of violating two prison disciplinary rules, and imposing a penalty.
Wilberto Reyes, Comstock, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Robert H. Easton of counsel), for respondent.
Before: STEPHEN G. CRANE and WILLIAM F. MASTRO, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs and 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; cf. Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 644).
The petitioner's remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.