| Matter of Witkowski v Goord |
| 2007 NY Slip Op 08801 [45 AD3d 1068] |
| November 15, 2007 |
| Appellate Division, Third Department |
| In the Matter of Glenn Witkowski, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady 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.
Following an investigation into an inmate's bed being set on fire, petitioner was charged in amisbehavior report with creating a fire, destroying state property and making threats. That sameday, while the property in petitioner's cell was being packed, 24 excess blankets and pillows werediscovered. Consequently, petitioner was charged in a second misbehavior report with possessingstate bedding in excess of the amount authorized. After the initial determination on the chargeswas reversed, a tier III rehearing was conducted. At the conclusion of the rehearing, petitionerwas found guilty of all charges and the determination was affirmed on administrative appeal.This CPLR article 78 proceeding ensued.
We confirm. The misbehavior reports, together with the hearing testimony, providesubstantial evidence supporting the determination of guilt (see Matter of Fontaine v Superintendent of Southport CorrectionalFacility, 35 AD3d 1113, 1113-1114 [2006], appeal dismissed 8 NY3d 943[2007]). Contrary to petitioner's claim, the Hearing Officer adequately assessed the reliability andcredibility of the confidential informants through his detailed questioning of the correctionofficer who spoke to them (see Matter of Staton v Goord, 41 AD3d [*2]1105, 1106 [2007]; Matter of Plowden v Bunn, 38 AD3d 1107, 1108 [2007]).Moreover, our review of the record discloses that the hearing was conducted in a fair andimpartial manner and the determination did not flow from any alleged bias on the part of theHearing Officer (see Matter of Evans vGoord, 41 AD3d 1127, 1128 [2007]). Petitioner's remaining contentions are eitherunpreserved for our review or lacking in merit.
Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.