In the Matter of Miciaihus Watson v. N.Y. State Dep't of Corr. Serv.
| Decision Date | 17 March 2011 |
| Parties | In the Matter of Miciaihus WATSON, Petitioner,v.NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Miciaihus Watson, Comstock, petitioner pro se.
Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.Before: PETERS, J.P., LAHTINEN, MALONE JR., STEIN and EGAN JR., JJ.
Proceeding pursuant to CPLR article 78 () to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
After petitioner, a prison inmate, was identified as one of a group who engaged in a confrontation with correction officers, he was served with a misbehavior report charging him with multiple disciplinary infractions. Following a tier III disciplinary hearing, he was found guilty of demonstration, interference and creating a disturbance, but was found not guilty of violent conduct, threats and harassment. That determination was affirmed on administrative appeal and petitioner, thereafter, commenced this CPLR article 78 proceeding.
Initially, we find that the misbehavior report, the hearing testimony of a correction officer present at the incident and petitioner's own testimony that he was present at the scene when the response team arrived provide substantial evidence to support the determination of guilt with regard to the charges of demonstration and creating a disturbance ( see Matter of Ortiz v. Fischer, 75 A.D.3d 1042, 1042, 907 N.Y.S.2d 524 [2010]; Matter of Owens v. Fischer, 75 A.D.3d 1020, 1021, 907 N.Y.S.2d 334 [2010] ). Petitioner's testimony, and that of his inmate witnesses, that he did not participate in the altercation presented a credibility question for the Hearing Officer to resolve ( see Matter of Perez v. Bezio, 76 A.D.3d 1134, 907 N.Y.S.2d 700 [2010]; Matter of Truman v. Fischer, 75 A.D.3d 1019, 1020, 907 N.Y.S.2d 343 [2010] ). In addition, contrary to petitioner's contention, we find that the misbehavior report was sufficient to put him on notice of the charges against him and allow him to prepare a defense ( see Matter of Pante v. Goord, 73 A.D.3d 1394, 1395, 902 N.Y.S.2d 684 [2010]; Matter of Edwards v. Leclaire, 71 A.D.3d 1199, 1200, 894 N.Y.S.2d 779 [2010] ). Finally, with regard to these charges, we find that, despite frequent gaps in the hearing transcript, it was not so deficient as to preclude meaningful review ( see Matter of Reese v. Bezio, 75 A.D.3d 1029, 1030, 907 N.Y.S.2d 522 [2010] ).
However, we...
To continue reading
Request your trial
-
Barzee v. Venettozzi
...(see Matter of Jones v. Annucci , 166 A.D.3d at 1175, 87 N.Y.S.3d 723 ; Matter of Watson v. New York State Dept. of Correctional Servs. , 82 A.D.3d 1435, 1435–1436, 919 N.Y.S.2d 545 [2011] ; Matter of Thorpe v. Fischer , 67 A.D.3d 1101, 1102, 889 N.Y.S.2d 690 [2009] ). Finally, the record d......
-
In the Matter of Hasan Raqiyb v. Fischer
...of the record reveals no hearing officer bias but, rather, that the determinations of guilt were based upon the evidence presented at [919 N.Y.S.2d 545] the hearings ( see Matter of Lamphear v. Fischer, 76 A.D.3d 1166, 1166, 907 N.Y.S.2d 756 [2010]; Matter of Hamilton v. Bezio, 76 A.D.3d 11......
-
Basbus v. Prack
...guilt ( see Matter of Perea v. Fischer, 107 A.D.3d 1253, 1253, 967 N.Y.S.2d 511 [2013]; Matter of Watson v. New York State Dept. of Correctional Servs., 82 A.D.3d 1435, 1435, 919 N.Y.S.2d 545 [2011]; compare Matter of Bryant v. Coughlin, 77 N.Y.2d at 648, 569 N.Y.S.2d 582, 572 N.E.2d 23; Ma......
-
In the Matter of Michael Williams v. Fischer
...a credibility question to be resolved by the Hearing Officer ( see Matter of Watson v. New York State Dept. of Correctional Servs., 82 A.D.3d 1435, 1435–1436, 919 N.Y.S.2d 545 [2011]; Matter of Barton v. New York State Dept. of Correctional Servs., 81 A.D.3d 1029, 1030, 917 N.Y.S.2d 345 [20......