Walker v. Bezio

• Decision Date: 21 June 2012
• Citation: 2012 N.Y. Slip Op. 05055,946 N.Y.S.2d 905,96 A.D.3d 1268
• Parties: In the Matter of William WALKER, Petitioner, v. Norman R. BEZIO, as Superintendent of Great Meadow Correctional Facility, Respondent.
• Court: New York Supreme Court — Appellate Division

96 A.D.3d 1268

946 N.Y.S.2d 905

2012 N.Y. Slip Op. 05055

In the Matter of William WALKER, Petitioner,

v.Norman R. BEZIO, as Superintendent of Great Meadow Correctional Facility, Respondent.

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

June 21, 2012.

William Walker, Alden, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner missed his library call out and was found in his cell. As a result, he was charged in a misbehavior report with violating facility movement regulations. Following a tier II disciplinary hearing, he was found guilty of the charge and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The detailed misbehavior report provides substantial evidence supporting the determination of guilt ( see *906Matter of Williams v. Fischer, 92 A.D.3d 1053, 1054, 937 N.Y.S.2d 900 [2012];Matter of Joseph v. LaClair, 89 A.D.3d 1298, 932 N.Y.S.2d 590 [2011],lv. denied18 N.Y.3d 809, 2012 WL 1033678 [2012] ). Although petitioner maintained that he never received the call out at issue, this presented a credibility issue for the Hearing Officer to resolve ( see Matter of Povoski v. Fischer, 93 A.D.3d 963, 939 N.Y.S.2d 724 [2012];Matter of Joseph v. LaClair, 89 A.D.3d at 1298, 932 N.Y.S.2d 590). Petitioner's remaining contentions have not been preserved for our review due to his failure to raise them either at the hearing or in his administrative appeal.

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

PETERS, P.J., MERCURE, MALONE JR., KAVANAGH and EGAN JR., JJ., concur.