| Matter of Ubaldo v Leclaire |
| 2007 NY Slip Op 09645 [46 AD3d 975] |
| December 6, 2007 |
| Appellate Division, Third Department |
| In the Matter of Romero Ubaldo, Petitioner, v Lucien J. LeclaireJr., as Commissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet 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.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of possessing aweapon and possessing an altered item. Upon administrative appeal, the determination wasaffirmed with a modified penalty. This CPLR article 78 proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report, the related documentation and photograph, and the testimony adduced atthe hearing, including the confidential testimony considered by the Hearing Officer in camera (see Matter of Reddick v Goord, 43AD3d 503, 503 [2007]; Matter ofTurner v Goord, 32 AD3d 1119, 1120 [2006]). Petitioner's assertion that the weaponwas placed in his cell by someone else created a credibility issue for resolution by the HearingOfficer (see Matter of Davis v Senkowski, 306 AD2d 778, 778 [2003]). To the extentpreserved, petitioner's remaining contentions, including his claims that he received inadequateemployee assistance and that the Hearing Officer was biased and failed to assess the reliability ofthe confidential information, have been examined and found to be unavailing.[*2]
Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.