Burnett v. Fischer
| Decision Date | 16 May 2013 |
| Citation | 2013 N.Y. Slip Op. 03530,964 N.Y.S.2d 779,106 A.D.3d 1304 |
| Parties | In the Matter of Stacy Lyn BURNETT, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Stacy Lyn Burnett, Albion, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Before: ROSE, J.P., STEIN, GARRY and EGAN JR., JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of respondent Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged with violating various prison disciplinary rules after a search of her cube disclosed, among other things, a handwritten document containing the personal information of a prison employee. As a result of that document, she was ultimately found guilty of possessing contraband and an employee's personal information. The determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.
We confirm. Petitioner argues that the document was improperly considered given purported problems with the chain of custody, but it was secured in a locked office after the search of her cube, and she provided no evidence to substantiate her claim that the document could have been tampered with while stored there ( see Matter of Saif'Ul'Bait v. Goord, 15 A.D.3d 703, 705, 788 N.Y.S.2d 712 [2005];Matter of Price v. Coughlin, 116 A.D.2d 898, 899, 498 N.Y.S.2d 209 [1986] ). The document, as well as the misbehavior report and hearing testimony, provide substantial evidence to support the determination of guilt ( see Matter of Austin v. Venettozzi, 97 A.D.3d 867, 867, 948 N.Y.S.2d 182 [2012] ). Petitioner's remaining claims, to the extent they are properly before us, have been considered and found to lack merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.
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