Opinion
07-28-2016
In the Matter of Will MULLINS, Petitioner, v. Donald VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Will Mullins, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent.
Will Mullins, Dannemora, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent.
Opinion Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner, an inmate, was charged in a misbehavior report with fighting, violent conduct, creating a disturbance and refusing a direct order. The charges stemmed from an incident in which petitioner engaged in a physical altercation with another inmate and ignored a correction officer's direct order to stop. Following a tier III disciplinary hearing, petitioner was found guilty as charged. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued. We confirm. The misbehavior report and related documentation, together with the testimony of petitioner, provide substantial evidence supporting the determination of guilt (see Matter of Smith v. Rock, 108 A.D.3d 889, 889, 969 N.Y.S.2d 590 [2013], lv. denied 22 N.Y.3d 854, 2013 WL 5716250 [2013] ; Matter of Peoples v. Bezio, 94 A.D.3d 1299, 1300, 942 N.Y.S.2d 676 [2012] ). Contrary to petitioner's contention, the delay in commencement of the hearing was authorized by a valid extension (see Matter of Castillo v. Fischer, 120 A.D.3d 1493, 1493, 992 N.Y.S.2d 449 [2014] ; Matter of Pooler v. Fischer, 107 A.D.3d 1256, 1257, 969 N.Y.S.2d 564 [2013], lv. denied 22 N.Y.3d 855, 2013 WL 6009632 [2013] ). Finally, in light of the circumstances presented, the penalty assessed is not so shocking to one's sense of fairness as to be excessive (see Matter of Jamison v. State of N.Y. Dept. of Corr. Servs., 98 A.D.3d 1150, 1151, 950 N.Y.S.2d 797 [2012] ; Matter of Barnes v. Prack, 92 A.D.3d 990, 991, 937 N.Y.S.2d 472 [2012] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
LAHTINEN, J.P., EGAN JR., DEVINE, MULVEY and AARONS, JJ., concur.