| Matter of Tevault v Goord |
| 2007 NY Slip Op 06781 [43 AD3d 1238] |
| September 20, 2007 |
| Appellate Division, Third Department |
| In the Matter of Richard Tevault, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Edward Lindner 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 respondent which found petitionerguilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a determination findinghim guilty of violent conduct, fighting and failure to report an illness. We now confirm.
The determination of guilt is supported by substantial evidence in the form of themisbehavior report, testimony adduced at the hearing and confidential information considered bythe Hearing Officer in camera (seeMatter of Plowden v Bunn, 38 AD3d 1107, 1107-1108 [2007]). Contrary to petitioner'sassertion, the fact that the incident was unwitnessed does not mandate annulment inasmuch asthe evidence in this case, together with reasonable inferences drawn therefrom, formed anadequate basis for the determination (seeMatter of Gourdine v Goord, 18 AD3d 1045, 1045-1046 [2005]). As for the propriety ofthe confidential information, we find that it was sufficiently detailed and probative such that theHearing Officer was able to independently assess its reliability and credibility (see Matter of Catlin v GouverneurCorrectional Facility, 38 AD3d 1025, 1026 [2007]). Petitioner's remaining contentionshave been examined and found to be without merit.[*2]
Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.