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IN THE MATTER OF WILLIAM F. BONEZ, Petitioner, v. B. CLARK, AS HEARING OFFICER, SOUTHPORT CORRECTIONAL FACILITY, ET AL., Respondents.

MEMORANDUM AND JUDGMENT

Petitioner challenges two separate prison disciplinary determinations each of which found him guilty of committing an unhygienic act by throwing feces. Contrary to petitioner's contention, the combination of the first misbehavior report, the photographs of the feces, and the hearing testimony of the correction officers who analyzed the angle from which the feces was thrown and concluded that it originated from petitioner's cell, constitute substantial evidence to support the first determination that petitioner committed an unhygienic act (see,Matter of Headley v. Goord, 274 A.D.2d 714, 715, 711 N.Y.S.2d 214, 215;Matter of Hernandez v. Coombe, 228 A.D.2d 760). Moreover, the second misbehavior report, together with the evidence that feces were observed in the vicinity of petitioner's cell during the same time period in which petitioner was seen attempting to dispose of a styrofoam cup containing feces, provide substantial evidence to support the second determination of guilt (see, Matter of Almonte v. Goord, 261 A.D.2d 684, 685, lv denied 93 N.Y.2d 818; Matter of Burt v. McGinnis, 249 A.D.2d 650). Petitioner's assertions of innocence at the disciplinary hearings created credibility issues for the Hearing Officers to resolve (see, Matter of Ellison v. Goord, 269 A.D.2d 639; Matter of Almonte v. Goord, supra, at 685).

Petitioner's remaining contentions have been reviewed and rejected as unpersuasive.

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

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MATTER OF BONEZ v. B. CLARK
(Sep 21, 2000)