Reset A A Font size: Print

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

IN RE: Lance PITTS, Petitioner, v. Brian S. FISCHER, as Commissioner of Correctional Services, Respondent.

Decided: August 07, 2008

Before:  MERCURE, J.P., PETERS, LAHTINEN, KANE and MALONE Jr., JJ. Lance Pitts, Auburn, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

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 which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of illicit drug use.   We now confirm.

 The misbehavior report, together with the positive drug test results and testimony adduced at the hearing, provide substantial evidence to support the determination of guilt (see Matter of Hayes v. Goord, 26 A.D.3d 546, 546, 807 N.Y.S.2d 739 [2006] ).   Contrary to petitioner's assertion, the Hearing Officer did not improperly remove him from the hearing.   The record reveals that, despite warnings from the Hearing Officer, petitioner repeatedly interrupted the Hearing Officer and disrupted the proceedings (see Matter of Acevedo v. Goord, 32 A.D.3d 1143, 1144-1145, 820 N.Y.S.2d 905 [2006] ).   Petitioner's remaining contentions, including his claim that the chain of custody was deficient, have been considered and found to be unavailing.

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

Copied to clipboard