Opinion
519548.
2015-04-23
In the Matter of William LANE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Lahtinen, J.P., McCarthy, Devine and Clark, JJ., concur.
William Lane, Gowanda, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review, among other things, a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner approached the desk of a correction officer, demanded that the officer turn on the showers and then struck the officer in the face with a closed fist. Petitioner was thereafter charged in a misbehavior report with assaulting staff, refusing a direct order, violent conduct and creating a disturbance. Following a tier III disciplinary hearing, he was found guilty as charged. The determination was affirmed upon administrative appeal with a modified penalty, and this CPLR article 78 proceeding ensued.
We note that, while petitioner asserts that his Freedom of Information Law request for certain log book entries was improperly denied, respondent has informed this Court that such entries have now been provided to petitioner, thus rendering petitioner's assertion moot ( see Matter of Watson v. New York State Dept. of Corr. & Community Supervision, 108 A.D.3d 817, 818 n., 971 N.Y.S.2d 578 [2013], lv. dismissed22 N.Y.3d 914, 975 N.Y.S.2d 733, 998 N.E.2d 397 [2013], lv. denied23 N.Y.3d 902, 2014 WL 1776887 [2014] ).
We confirm. The detailed misbehavior report, unusual incident report, use of force report and hearing testimony provide substantial evidence supporting the determination of guilt ( see Matter of Hyatt v. Fischer, 118 A.D.3d 1192, 1192, 987 N.Y.S.2d 267 [2014]; Matter of Blocker v. Fischer, 107 A.D.3d 1285, 1286, 967 N.Y.S.2d 525 [2013] ). Petitioner's claim of inconsistencies in the evidence created credibility issues for the Hearing Officer to resolve ( see Matter of Hyatt v. Fischer, 118 A.D.3d at 1192, 987 N.Y.S.2d 267; Matter of Blocker v. Fischer, 107 A.D.3d 1285, 1286, 967 N.Y.S.2d 525 [2013] ). Moreover, contrary to petitioner's assertion, the record confirms that he received adequate employee assistance ( see Matter of Castillo v. Fischer, 120 A.D.3d 1493, 1493, 992 N.Y.S.2d 449 [2014] ) and, to the extent that he received redacted documents, the Hearing Officer explained to petitioner that such documents were confidential ( see Matter of Martin v. Fischer, 109 A.D.3d 1026, 1027, 971 N.Y.S.2d 357 [2013] ).
Finally, petitioner's remaining claims, to the extent that they are preserved, have been considered and found to be lacking in merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
LAHTINEN, J.P., McCARTHY, DEVINE and CLARK, JJ., concur.