| Matter of Sowell v Selsky |
| 2007 NY Slip Op 06606 [43 AD3d 1226] |
| September 13, 2007 |
| Appellate Division, Third Department |
| In the Matter of Victor Sowell, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinarydetermination finding him guilty of impersonation, counterfeiting/forgery and correspondencewith a parolee. We now confirm.
Contrary to petitioner's assertion, the determination of guilt is supported by substantialevidence in the form of the misbehavior report, related documentation, hearing testimony andconfidential information (see Matter ofMorillo v Goord, 38 AD3d 947, 947 [2007]; Matter of Turner v Goord, 32 AD3d 1119, 1120 [2006], lvdenied 8 NY3d 804 [2007]). We have reviewed each of the remaining contentions advancedby petitioner and find them to be without merit.
Cardona, P.J., Mercure, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.