Opinion
2001-07972
Submitted February 18, 2003.
March 17, 2003.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Donald Selsky, Director of the Special Housing and Inmate Disciplinary Program of the New York State Department of Correctional Services, dated January 30, 2001, which affirmed a determination of a Hearing Officer, dated December 2, 2000, made after a Tier III disciplinary hearing, finding the petitioner guilty of violating an institutional rule, and imposing a penalty.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Roger McClary, Stormville, N.Y., petitioner pro se.
Eliot Spitzer, New York, N.Y. (Michael S. Belohlavek and Thomas B. Litsky of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION JUDGMENT
Contrary to the petitioner's assertion, the misbehavior report provided identifying information and the factual basis for the charges with sufficient particularity to allow him to prepare a defense (see Matter of Maya v. Goord, 272 A.D.2d 724, 725; Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 123; Matter of Lahey v. Kelly, 71 N.Y.2d 135, 144). Moreover, the determination that the petitioner violated an institutional rule is supported by substantial evidence (see Matter of Abdur-Raheem v. Mann, supra; Matter of Bryant v. Coughlin, 77 N.Y.2d 642, 647; Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of James v. Strack, 214 A.D.2d 674, 675).
The petitioner's remaining contentions are without merit.
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.