Dennis v. Bezio
Opinion of the Court
We confirm. The misbehavior report, together with the testimony of the correction counselor who authored it and the documentation in petitioner’s file, provide substantial evidence supporting the determination of guilt (see Matter of Gourdine v Venettozzi, 76 AD3d 736, 736 [2010]; Matter of Kasiem v New York State Dept. of Correctional Servs., 69 AD3d 1268, 1269 [2010]). Although petitioner denied the charges and maintained that the misbehavior report was retaliatory in nature, this presented a credibility issue for the Hearing Officer to resolve (see Matter of Lamphear v Fischer, 76 AD3d 1166, 1166 [2010]; Matter of Porter v Goord, 47 AD3d 978, 979 [2008]). In addition, we find no merit to petitioner’s claim that he was improperly denied requested documentation inasmuch as he was not entitled to those documents that did not exist or were irrelevant to the charges (see Matter of Cornwall v Fischer, 74 AD3d 1507, 1509 [2010]; Matter of Bornstorff v Bezio, 73 AD3d 1397, 1398 [2010]). Likewise, we are not persuaded that petitioner was improperly denied certain witnesses given that their testimony was not relevant to the main issue in the disciplinary proceeding, namely, petitioner’s falsification of information on his family reunion applications (see Matter of Lazada v Cook, 67 AD3d 1232, 1233 [2009], lv denied 14 NY3d 706 [2010]; Matter of Thompson v
Mercure, J.P, Rose, Kavanagh, Stein 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.