Opinion
04-27-2017
In the Matter of Ricky R. STEWART Jr., Petitioner, v. Barry J. McARDLE, as Superintendent of Watertown Correctional Facility, Respondent.
Ricky R. Stewart Jr., Watertown, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Ricky R. Stewart Jr., Watertown, 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 Albany County) to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.
After an envelope addressed to petitioner's mother was discovered to contain a card addressed to his children who were the subject of an order of protection, petitioner was charged in a misbehavior report with violating facility correspondence procedures. Following a tier II disciplinary hearing, petitioner was found guilty of the charge and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, the envelope that petitioner addressed to his mother containing the card addressed to his children, the order of protection and petitioner's testimony at the hearing provide substantial evidence to support the determination that petitioner violated correspondence procedures (see Matter of Cortorreal v. Goord, 41 A.D.3d 1048, 1048, 837 N.Y.S.2d 443 [2007] ; Matter of Goldberg v. Goord, 11 A.D.3d 841, 841, 783 N.Y.S.2d 157 [2004] ). Petitioner's denial of any misconduct, claiming that he sent the children's card to his mother so that she could hold it until such time as it was legally permissible to give to the children, presented a credibility issue for the Hearing Officer to resolve (see Matter of Cole v. New York State Dept. of Correctional Servs., 87 A.D.3d 1243, 1243, 931 N.Y.S.2d 712 [2011] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
McCARTHY, J.P., GARRY, EGAN JR., DEVINE and AARONS, JJ., concur.