| Matter of Abdullah v Selsky |
| 2007 NY Slip Op 08804 [45 AD3d 1072] |
| November 15, 2007 |
| Appellate Division, Third Department |
| In the Matter of Elijah Abdullah, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs, et al.,Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Ulster County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of possessing aweapon and damaging state property. After that determination was affirmed on administrativeappeal, petitioner commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report and the testimony of the correction officer whoauthored it and conducted the search of petitioner's cell constitute substantial evidence to supportthe determination of guilt (see Matter ofBrown v Goord, 24 AD3d 840, 840 [2005]; Matter of Encarnacion v Goord, 19 AD3d 906, 907 [2005]).Petitioner's assertion that the weapon had been planted in his cell by another inmate created acredibility issue for resolution by the Hearing Officer (see Matter of Ameen v Selsky, 25 AD3d 1059, 1059 [2006]). Wehave examined petitioner's remaining contentions, including his claims that he was denied theright to call witnesses and present other evidence, and find them to be unpersuasive.[*2]
Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.