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In the Matter of Tyron Sanchez v. Brian Fischer

State of New York Supreme Court, Appellate Division Third Judicial Department


February 9, 2012

IN THE MATTER OF TYRON SANCHEZ, PETITIONER,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: December 12, 2011

Before: Rose, J.P., Lahtinen, Malone Jr., Garry and Egan Jr., JJ.

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

During rounds, a correction officer observed an inmate bleeding from his arm with what looked like a wound caused by a sharp implement. As petitioner was the only unsecured inmate in the area at the time, he was charged in a misbehavior report with assaulting an inmate, violent conduct, possession of a weapon and interference. Petitioner was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, hearing testimony and confidential information provide substantial evidence to support the determination of guilt (see Matter of Harrison v Prack, 87 AD3d 1221, 1221 [2011]; Matter of Williams v Fischer, 84 AD3d 1661, 1662 [2011], lv denied 17 NY3d 711 [2011]). Petitioner's denials raised a credibility issue for the Hearing Officer to resolve (see Matter of Wright v Fischer, 87 AD3d 1211, 1212 [2011], lv denied ___ NY3d ___ [Jan. 12, 2012]). Furthermore, the record does not reveal hearing officer bias, but rather that the determination was based upon the evidence adduced during the hearing (see Matter of Abreu v Fischer, 87 AD3d 1241, 1242 [2011]).

Petitioner's remaining contentions have been examined and found to be unpreserved or without merit.

Rose, J.P., Lahtinen, Malone Jr., Garry and Egan Jr., JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20120209

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