| Matter of Lashley v Lindsay |
| 2007 NY Slip Op 08805 [45 AD3d 1073] |
| November 15, 2007 |
| Appellate Division, Third Department |
| In the Matter of Corey Lashley, Petitioner, v J. Lindsay, as DeputySuperintendent of Programs, Orleans Correctional Facility,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 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 solicitinganother inmate's crime information, making false statements, counterfeiting and providingunauthorized legal assistance. Petitioner exhausted his administrative remedies and thencommenced this CPLR article 78 proceeding challenging the determination.
We confirm. The misbehavior report, related confidential documentation and hearingtestimony constitute substantial evidence to support the determination of guilt (see Matter of Arpa v David, 32 AD3d1140, 1141 [2006]). With regard to the credibility of the confidential information, ourreview thereof satisfies us that it was sufficiently detailed and probative to permit the HearingOfficer to independently assess its reliability (see Matter of Catlin v [*2]GouverneurCorrectional Facility, 38 AD3d 1025, 1026 [2007]). To the extent that petitioner offeredexculpatory evidence and argued that the misbehavior report was authored in retaliation for hisfiling of a grievance, credibility issues were created for resolution by the Hearing Officer (see Matter of Rizzuto v Goord, 36AD3d 1124, 1124-1125 [2007]). Petitioner's remaining claims have been examined andfound to be lacking in merit.
Cardona, P.J., Crew III, Spain, Rose and Lahtinen, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.