From Casetext: Smarter Legal Research

Rizzuto v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 2006
825 N.Y.S.2d 592 (N.Y. App. Div. 2006)

Opinion

No. 98450.

December 21, 2006.

Lahtinen, J. 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.

Alfonso Rizzuto, Auburn, petitioner pro se.

Eliot Spitzer, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Mercure, Crew III and Mugglin, JJ.


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule prohibiting the possession of outdated and/or excess medication. Petitioner commenced this proceeding challenging said determination, and we confirm.

The misbehavior report, hearing testimony and petitioner's admissions comprise substantial evidence in support of the determination of guilt ( see Matter of Calhoun v Goord, 20 AD3d 628, 628; Matter of Scott v New York State Dept. of Corrections, 18 AD3d 925, 925). To the extent that petitioner offered innocent explanations and a retaliation defense, this created credibility issues for the Hearing Officer to resolve ( see Matter of Shell v Superintendent of Oneida Correctional Facility, 18 AD3d 1044, 1044-1045; Matter of Hamilton v Selsky, 13 AD3d 844, 845). As for petitioner's contention that he was improperly denied the right to call witnesses, a review of the record reveals that he was permitted to call those witnesses he identified and whose testimony was not redundant ( see Matter of Jiminez v Selsky, 29 AD3d 1246, 1247; Matter of Pettus v West, 28 AD3d 907, 908).

Petitioner's remaining arguments, which fail to comply with the mandates set forth in CPLR 5528, are indecipherable and, therefore, escape any meaningful appellate review.

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


Summaries of

Rizzuto v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 2006
825 N.Y.S.2d 592 (N.Y. App. Div. 2006)
Case details for

Rizzuto v. Goord

Case Details

Full title:In the Matter of ALFONSO RIZZUTO, Petitioner, v. GLENN S. GOORD, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 2006

Citations

825 N.Y.S.2d 592 (N.Y. App. Div. 2006)
825 N.Y.S.2d 592
2006 N.Y. Slip Op. 9692

Citing Cases

Reid v. Donald Selsky

The misbehavior report, subject correspondence, corroborating hearing testimony and petitioner's own…

Matter of Sweet v. Poole

Any issue of retaliation would be one of credibility for the hearing officer to determine. See, Matter of…