Boddie v. Selsky
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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
We confirm. The misbehavior report, together with the testimony of the officer who prepared it, provide substantial evidence supporting the determination of guilt (see Matter of Wigfall v Goord, 16 AD3d 791 [2005]; Matter of Kennedy v Lacy, 277 AD2d 625, 625 [2000]). Petitioner’s assertion that the officer who wrote the misbehavior report did so in retaliation for petitioner having spoken with the sergeant presented an issue of credibility for the Hearing Officer to resolve (see Matter of Jamison v Goord, 8 AD3d 860, 860 [2004]), as did the contrary testimony of petitioner’s inmate witnesses (see Matter of Hamilton v Selsky, 13 AD3d 844, 845 [2004]). We find no merit to petitioner’s claim that the officer’s failure to complete a cube inspection form absolved him of guilt.
Cardona P.J., Crew III, Carpinello, Mugglin and Kane, 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.