IN RE: Hector ACEVEDO (1999)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Hector ACEVEDO, Petitioner, v. SUPERINTENDENT OF ELMIRA CORRECTIONAL FACILITY et al., Respondents.

Decided: October 28, 1999

Before: MIKOLL, J.P., MERCURE, CREW III, YESAWICH JR. and CARPINELLO, JJ.

Hector Acevedo, Dannemora, petitioner in person. Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondents.

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of violating prison disciplinary rules prohibiting inmates from engaging in violent conduct, assaulting other inmates, fighting and disobeying a direct order. Contrary to petitioner's contention on appeal, the detailed misbehavior report and testimony of the correction officers who observed petitioner's participation in a melee in the prison yard provide substantial evidence to support the determination of guilt (see, Matter of Medina v. Stinson, 251 A.D.2d 935, 674 N.Y.S.2d 860). The conflicting testimony presented at the hearing as to whether petitioner acted entirely in self-defense during the incident merely created a credibility issue for resolution by the Hearing Officer (see, id.).

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

MEMORANDUM DECISION.

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