Matter of Green v Graham

Matter of Green v Graham 2015 NY Slip Op 01337 Decided on February 13, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND VALENTINO, JJ.
148 TP 14-01377

[*1]IN THE MATTER OF SHAWN GREEN, PETITIONER,

v

HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, RESPONDENT.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Cayuga County [Mark H. Fandrich, A.J.], entered July 15, 2014) to review various determinations of respondent.

SHAWN GREEN, PETITIONER PRO SE.

ERIC SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (OWEN DEMUTH OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the determinations are unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner, an inmate at Upstate Correctional Facility, commenced this CPLR article 78 proceeding seeking to annul two determinations, following tier III disciplinary hearings, that he violated various inmate rules. Contrary to petitioner's contention, the determinations are supported by substantial evidence (see Matter of Stewart v Fischer, 109 AD3d 1122, 1123, lv denied 22 NY3d 858; see generally People ex rel. Vega v Smith, 66 NY2d 130, 139). "Petitioner's testimony denying his guilt of all violations merely presented issues of credibility that the Hearing Officer was entitled to resolve against him" (Matter of Britt v Evans, 100 AD3d 1408, 1409). We have reviewed petitioner's remaining contentions and conclude that they lack merit.

Entered: February 13, 2015

Frances E. Cafarell

Clerk of the Court