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In re La Puma

Supreme Court of New York, Second Department

March 12, 2014

In the Matter of Anthony La Puma, petitioner,
v.
William Lee, etc., respondent. Index No. 3185/12

Anthony La Puma, Stormville, N.Y., petitioner pro se.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Andrew W. Amend of counsel), for respondent.

PETER B. SKELOS, J.P., CHERYL E. CHAMBERS, L. PRISCILLA HALL, ROBERT J. MILLER, JJ.

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Green Haven Correctional Facility, dated April 18, 2012, which confirmed a determination of a hearing officer dated March 18, 2012, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating certain prison disciplinary rules, and imposing a penalty.

ADJUDGED that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

"A prison disciplinary determination made as a result of a hearing at which evidence was taken pursuant to direction by law must be supported by substantial evidence" (Matter of Adamson v Barto, 37 A.D.3d 597, 598; see CPLR 7803[4]; Matter of Farooq v Fischer, 99 A.D.3d 709, 711). Contrary to the petitioner's contention, the misbehavior report, the hearing testimony, and the reasonable inferences to be drawn therefrom, constituted substantial evidence to support the hearing officer's determination that the petitioner violated the subject prison disciplinary rules (see Matter of Applegate v Heath, 88 A.D.3d 699, 700; Matter of Benson v Brown, 84 A.D.3d 794; Matter of Gilzene v McGinnis, 300 A.D.2d 658). The issues of credibility raised by the petitioner on appeal were resolved by the hearing officer, and we find no basis upon which to disturb the hearing officer's determination (see Matter of Applegate, 88 A.D.3d at 700; Matter of Benson, 84 A.D.3d at 794-795; Matter of Quinones v Fischer, 55 A.D.3d 1200).

SKELOS, J.P., CHAMBERS, HALL and MILLER, JJ., concur.


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