Gaston v. Annucci
| Decision Date | 02 February 2017 |
| Parties | In the Matter of Raymond GASTON, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
147 A.D.3d 1131
45 N.Y.S.3d 716
2017 N.Y. Slip Op. 00698
In the Matter of Raymond GASTON, Petitioner,
v.
Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
Supreme Court, Appellate Division, Third Department, New York.
Feb. 2, 2017.
Raymond Gaston, Wallkill, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Before: PETERS, P.J., McCARTHY, LYNCH, CLARK and MULVEY, JJ.
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 Superintendent of Shawangunk Correctional Facility finding petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with possessing an altered item and damaging state property. According to the misbehavior report, petitioner used rubber pads that appeared to be cut from the interior of an athletic ball while
exercising in the recreation yard of the correctional facility. Following a tier II disciplinary hearing, petitioner was only found guilty of possessing an altered item. That determination was affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. To the extent challenged by petitioner, the misbehavior report, related documentation and testimony at the hearing provide substantial evidence to support the determination of guilt (see Matter of Garcia v. Garner, 122 A.D.3d 988, 989, 995 N.Y.S.2d 829 [2014] ; Matter of Mitchell v. Fischer, 81 A.D.3d 1013, 1014, 916 N.Y.S.2d 847 [2011] ). We are unpersuaded by petitioner's...
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...Officer at the hearing provide substantial evidence supporting the determination of guilt (see generally Matter of Gaston v. Annucci, 147 A.D.3d 1131, 1132, 45 N.Y.S.3d 716 [2017] ; Matter of Bermudez v. Fischer, 107 A.D.3d 1269, 1270, 967 N.Y.S.2d 249 [2013] ). Although petitioner maintain......
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