Vann v. Costello
Opinion of the Court
—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 respondent which found petitioner guilty of violating a prison disciplinary rule.
The detailed misbehavior report, together with the testimony of its author and a second correction officer who witnessed the incident, provides substantial evidence to support the determination finding petitioner guilty of refusing a direct order (see, Matter of Zarvela v Goord, 270 AD2d 532, lv denied 95 NY2d 758). Inasmuch as the record contains no evidence that the correction officer who authored the report was aware of an action that petitioner claimed to have recently commenced against him and a number of other officers, an issue that petitioner could have explored when the author testified, we see no error in the Hearing Officer’s refusal to accept the documentary evidence of that action offered by petitioner as the basis for his retaliation claim. Petitioner was not entitled to employee assistance in the tier II hearing (see, Matter of Booker v Rivera, 276
Cardona, P. J., Mercure, Peters/' Mugglin and Rose, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.