Green v. Graham

• Decision Date: 13 February 2015
• Citation: 125 A.D.3d 1498,999 N.Y.S.2d 918,2015 N.Y. Slip Op. 01337
• Parties: In the Matter of Shawn GREEN, Petitioner, v. Harold D. GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.
• Court: New York Supreme Court — Appellate Division

? 125 A.D.3d 1498

999 N.Y.S.2d 918

2015 N.Y. Slip Op. 01337

In the Matter of Shawn GREEN, Petitioner,

v.Harold D. GRAHAM, Superintendent, Auburn Correctional Facility, Respondent.

Supreme Court, Appellate Division, Fourth Department, New York.

Feb. 13, 2015

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Cayuga County [Mark H. Fandrich, A.J.], entered July 15, 2014) to review various determinations of respondent.

Shawn Green, Petitioner Pro Se.

Eric Schneiderman, Attorney General, Albany (Owen Demuth of Counsel), for Respondent.

MEMORANDUM:

Petitioner, an inmate at Upstate Correctional Facility, commenced this CPLR article 78 proceeding seeking to annul two determinations, following tier III disciplinary hearings, that he violated various inmate rules. Contrary to petitioner's contention, the determinations are supported by substantial evidence ( see Matter of Stewart v. Fischer, 109 A.D.3d 1122, 1123, 971 N.Y.S.2d 618, lv. denied 22 N.Y.3d 858, 2013 WL 6598719; see generally People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997). “Petitioner's testimony denying his guilt of all violations merely presented issues of credibility that the Hearing Officer was entitled to resolve against him” ( Matter of Britt v. Evans, 100 A.D.3d 1408, 1409, 953 N.Y.S.2d 766). We have reviewed petitioner's remaining contentions and conclude that they lack merit.

It is hereby ORDERED that the determinations are unanimously confirmed without costs and the petition is dismissed.

SCUDDER, P.J., SMITH, CENTRA, LINDLEY, and VALENTINO, JJ., concur.