IN RE: Charles Watson (2011)

Submitted-February 4, 2011

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 to review a determination of Brian Fischer, as Commissioner of the New York State Department of Correctional Services, dated June 10, 2009, which confirmed a determination of a hearing officer, dated June 7, 2009, made after a Tier II disciplinary hearing, that the petitioner was guilty of violating prison disciplinary rules, and imposed a penalty.

ADJUDGED that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the petitioner's contention, the misbehavior report and other documents presented at the hearing provided substantial evidence to support the hearing officer's determination that he was guilty of two charges;  violent conduct and fighting in violation of prison disciplinary rules (see 7 NYCRR 270.2[B][1][iv], [5][ii] ).   That evidence also discredited his assertion that he acted in self-defense (see Matter of Perez v. Wilmot, 67 N.Y.2d 615, 616;  Matter of Singh v. Coombe, 239 A.D.2d 721, 722;  Matter of Smith v. Coombe, 234 A.D.2d 837, 838;  Matter of Washington v. Coombe, 226 A.D.2d 792, 793;  Matter of Silva v. Coughlin, 187 A.D.2d 763;  Matter of Abreu v. Coughlin, 157 A.D.2d 1028, 1029-1030;  see generally People v. Petty, 7 NY3d 277, 285).

MASTRO, J.P., SKELOS, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court