| Matter of Burgess v Goord |
| 2007 NY Slip Op 09165 [45 AD3d 1144] |
| November 21, 2007 |
| Appellate Division, Third Department |
| In the Matter of Herbert Burgess, 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, an inmate, was found to be in possession of two law library books, one of whichwas concealed by a cover and the other having the library marking torn out. At the conclusion ofthe ensuing tier III disciplinary hearing, he was found guilty of smuggling, altering items anddamaging state property. The determination was upheld on administrative appeal, promptingpetitioner to commence this CPLR article 78 proceeding.
We confirm. The determination of guilt is supported by substantial evidence consisting of themisbehavior report and testimony adduced at the hearing (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 assertion, there is no indication in the record that the HearingOfficer was biased or that the determination at hand flowed from any alleged bias (see Matter of Nieves v Goord, 39AD3d 1104, 1105 [2007]). Petitioner's remaining contention that he was improperly deniedthe right to call a witness has been examined and found to be unavailing.[*2]
Crew III, J.P., Peters, Spain, Carpinello and Kane, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.