Moreno v. Coughlin

• Decision Date: 09 January 1992
• Citation: 179 A.D.2d 849,578 N.Y.S.2d 670
• Parties: In the Matter of Armendo MORENO, Petitioner, v. Thomas COUGHLIN, as Commissioner of the Department of Correctional Services, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 670

578 N.Y.S.2d 670

179 A.D.2d 849

In the Matter of Armendo MORENO, Petitioner, v. Thomas COUGHLIN, as Commissioner of the Department of Correctional Services, et al., Respondents.

Supreme Court, Appellate Division, Third Department.

Jan. 9, 1992.

Armando Moreno, in pro per.

Robert Abrams, Atty. Gen. (Joseph Koczaja, of counsel), Albany, for respondents.

Before MIKOLL, J.P., and YESAWICH, CREW and HARVEY, JJ.

MEMORANDUM DECISION.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

We reject petitioner's contention that the determination finding him guilty of possession of controlled substances and money was not supported by substantial evidence. Testimony by correction officers revealed that petitioner was yelling down to the yard to another inmate who was then seen kicking the snow around underneath petitioner's window as if to look for something. Upon examining the ground under petitioner's window, the correction officers discovered some balloons filled with heroin, marihuana and money. This evidence, coupled with the misbehavior report and other testimony taken at the hearing, provided " 'such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact' " (People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997, quoting 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 180, 408 N.Y.S.2d 54, 379 N.E.2d 1183; see, Matter of Johnson v. Coughlin, 157 A.D.2d 991, 992, 550 N.Y.S.2d 471). As to any conflicting testimony presented by petitioner, including his claim of innocence, this merely presented a credibility question for the Hearing Officer to resolve (see, Matter of Hernandez v. Le Fevre, 150 A.D.2d 954, 541 N.Y.S.2d 868, lv. denied 74 N.Y.2d 615, 549 N.Y.S.2d 960, 549 N.E.2d 151; Matter of Caldwell v. Coughlin, 148 A.D.2d 905, 539 N.Y.S.2d 533).

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.