| Matter of Fogan v Goord |
| 2007 NY Slip Op 08333 [45 AD3d 1012] |
| November 8, 2007 |
| Appellate Division, Third Department |
| In the Matter of Terry Fogan, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 challenges a determination finding him guilty of violating the prison disciplinaryrules prohibiting solicitation of services and violation of facility correspondence procedures. Weconfirm. The misbehavior report containing a specific account of the incident written by theinvestigating correction officer, testimony of the correction officer and the subject letter providesubstantial evidence supporting the determination of guilt (see Matter of Foster vCoughlin, 76 NY2d 964, 966 [1990]; Matter of Goncalves v Donnelly, 9 AD3d 721 [2004]).
Petitioner's procedural objections are unpersuasive. The record demonstrates that the hearingwas conducted in a fair and impartial manner and the determination did not flow from anyalleged bias on the part of the Hearing Officer (see Matter of Cayenne v Goord, 16 AD3d 782, 783-784 [2005]).There is no merit to petitioner's claim that his letter was improperly inspected, as all businessmail is subject to inspection (7 NYCRR 720.7 [d]). Contrary to petitioner's contention that themisbehavior report inadequately described the charge, the report provided petitioner with thedetail necessary to prepare a defense (see Matter of Smith v Portuondo, 309 AD2d 1028[2003]). Petitioner's remaining claims lack merit.[*2]
Mercure, J.P., Peters, Spain, Lahtinen and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.