Abreu v. Bezio
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.
Two female nurses visited petitioner at his cell to investigate a grievance that he had filed against another nurse. During this visit, petitioner exposed his genitals and, according to the nurses, started to masturbate. He then ignored a directive by one of the nurses to stop this behavior. As a result, petitioner was charged in a misbehavior report with lewd exposure and refusing a direct order. Following a tier III disciplinary hearing, he was found guilty of the charges and a penalty of nine months in the special housing unit and loss of telephone, packages and commissary was imposed. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.
Initially, notwithstanding petitioner’s claim to the contrary, we find that the proceeding was properly transferred to this Court inasmuch as the petition raises a question of substantial evidence (see Matter of Abreu v Bezio, 71 AD3d 1341, 1341 [2010], appeal dismissed 15 NY3d 836 [2010]; Matter of
Mercure, J.P., Peters, Rose, Kavanagh and Garry, 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.