Green v. New York State Department of Correctional Services
Opinion of the Court
Peters, J. Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondents which found petitioner guilty of violating certain prison disciplinary rules.
A disciplinary hearing resulted in a finding of guilt in regard to both charges of refusing to obey a direct order. Petitioner was sentenced to 10 days in the special housing unit on each charge. Both dispositions were affirmed upon administrative appeal. Petitioner then commenced this CPLR article 78 proceeding, seeking review of several other administrative determinations that had been rendered against her in the course of her incarceration at various State correctional facilities in addition to the determination described above. Supreme Court dismissed petitioner’s challenges to all but the instant determination on the grounds of untimeliness, failure to exhaust administrative remedies, waiver and/or failure to state a cause of action. So much of the proceeding as related to the instant determination was transferred to this Court.
The determination finding petitioner guilty of both charges of refusing to obey a direct order was based upon substantial evidence. The two misbehavior reports in question were "sufficiently relevant and probative” to support the determination by themselves (Matter of Perez v Wilmot, 67 NY2d 615, 616-617; see, Matter of Foster v Coughlin, 76 NY2d 964, 966). They were, in addition, bolstered by petitioner’s own testimony in the course of which she conceded that she had disobeyed the orders in question because she found them to be unwarranted. To the extent that petitioner’s testimony conflicts with the narration contained in the misbehavior reports, such conflict presents an issue of credibility which was appropriately determined by the Hearing Officer (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Fleming v Coughlin, 222 AD2d 835). We find petitioner’s remaining contentions to be either without merit or unpreserved for our review.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.