Opinion
2015-10-21
In the Matter of Lionel McCRAY, petitioner, v. William LEE, etc., et al., respondents.
Whiteman Osterman & Hanna, LLP, Albany, N.Y. (Nicholas J. Faso and Christopher E. Buckley of counsel), for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Karen W. Lin of counsel), for respondents.
Whiteman Osterman & Hanna, LLP, Albany, N.Y. (Nicholas J. Faso and Christopher E. Buckley of counsel), for petitioner. Eric T. Schneiderman, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Karen W. Lin of counsel), for respondents.
Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Green Haven Correctional Facility, dated December 19, 2013, which confirmed a decision of a hearing officer dated December 16, 2013, made after a Tier II disciplinary hearing, found the petitioner guilty of violating Institutional Rules of Conduct 116.10 (7 NYCRR 270.2[B][17][i] ) and 116.11 (7 NYCRR 270.2[B][17][ii] ), and imposed penalties.
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 decision of the hearing officer that the petitioner violated two prison disciplinary rules (7 NYCRR 270.2[B] [17][i], [ii] ) was supported by substantial evidence ( see Matter of Topsy v. Venettozzi, 98 A.D.3d 520, 521, 949 N.Y.S.2d 197; Matter of Stapleton v. Connolly, 96 A.D.3d 861, 946 N.Y.S.2d 482; Matter of Carlisle v. Lee, 96 A.D.3d 837, 946 N.Y.S.2d 483; Matter of Medina v. Sing Sing Correctional Facility, 95 A.D.3d 1331, 1332, 944 N.Y.S.2d 910; Matter of Mills v. Fischer, 85 A.D.3d 1033, 925 N.Y.S.2d 851).
The petitioner's remaining contention is unpreserved for review, and, in any event, is without merit ( see Matter of Khan v. New York State Dept. of Health, 96 N.Y.2d 879, 730 N.Y.S.2d 783, 756 N.E.2d 71; Matter of Cooper v. Smith, 63 N.Y.2d 615, 479 N.Y.S.2d 519, 468 N.E.2d 701). DILLON, J.P., MILLER, DUFFY and LaSALLE, JJ., concur.