Opinion
92795
September 11, 2003.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Superintendent of Southport Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.
Jeff Sproul, Pine City, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondents.
Before: Cardona, P.J., Crew III, Spain, Mugglin and, Lahtinen, JJ.
MEMORANDUM AND JUDGMENT
Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the loss of state property, having been charged with the failure to return a copy of the New York Lawyer's Diary and Manual to the facility's law library. The penalty imposed was the replacement cost of the book. Included in the evidence presented at the hearing were the misbehavior report, the testimony of the reporting correction officer, the testimony of the correction officer in the library who had loaned petitioner the book and the law library distribution sheet showing that the volume in question had been borrowed by petitioner and never returned. This constitutes substantial evidence of petitioner's guilt (see Matter of Porter v. McGinnis, 307 A.D.2d 500, 761 N.Y.S.2d 884). Petitioner's testimony to the contrary presented issues of credibility for resolution by the Hearing Officer (see Matter of Johnson v. Selsky, 246 A.D.2d 713). Petitioner's remaining contentions are without merit or unpreserved for our review.
Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.