Matter of Cortorreal v Annucci

Matter of Cortorreal v Annucci 2014 NY Slip Op 08898 Decided on December 18, 2014 Appellate Division, Third 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 and Entered: December 18, 2014
519317

[*1]In the Matter of RAFAEL CORTORREAL, Appellant,

v

ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Calendar Date: October 21, 2014
Before: Lahtinen, J.P., Stein, Garry, Rose and Egan Jr., JJ.

Matthew McGowan, Prisoners' Legal Services, Albany, for appellant.

Eric T. Schneiderman, Attorney General, Albany (Julie M. Sheridan of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Elliot III, J.), entered November 19, 2013 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with smuggling and possessing a controlled substance. Following a tier III disciplinary hearing, he was found guilty as charged. That determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued. Supreme Court dismissed the petition, and petitioner now appeals.

We affirm. We reject petitioner's contention that he was improperly denied witnesses during his disciplinary hearing. Inasmuch as the requested witnesses had not previously agreed to testify and each signed a witness refusal form indicating the reason for the refusal, petitioner's right to present witnesses was adequately protected (see Matter of Jamison v Fischer, 119 AD3d 1306, 1306 [2014]; Matter of Tulloch v Fischer, 90 AD3d 1370, 1371 [2011]; Matter of Tafari v Fischer, 78 AD3d 1405, 1406 [2010], lv denied 16 NY3d 704 [2011]). Petitioner's remaining contentions have been reviewed and are either unpersuasive or have been rendered academic.

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

ORDERED that the judgment is affirmed, without costs.