| Matter of Johnson v Goord |
| 2007 NY Slip Op 09834 [46 AD3d 1038] |
| December 13, 2007 |
| Appellate Division, Third Department |
| In the Matter of Kevin Johnson, 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.
After a search of petitioner's cell recovered tobacco, matches, rolling papers and a strikerhidden inside a mattress, he was charged in a misbehavior report with possession of excesstobacco, possession of contraband and smuggling. A tier III disciplinary hearing ensued, at theconclusion of which petitioner was found guilty of all charges. On administrative appeal, thedetermination was affirmed with a modified penalty. Petitioner then commenced this CPLRarticle 78 proceeding challenging the determination of guilt.
We confirm. The determination is supported by substantial evidence consisting of themisbehavior report, related photographs and hearing testimony (see Matter of Ford v Smith, 23 AD3d874, 875 [2005], lv denied 6 NY3d 708 [2006]). To the extent that petitioner deniedthe allegations and claimed that the misbehavior report was issued in retaliation for a grievancehe had filed, these credibility issues were for the Hearing Officer to resolve (see Matter of Rizzuto v Goord, 36AD3d 1124, 1124-1125 [2007]). We have reviewed petitioner's remaining proceduralclaims, including his contentions that the misbehavior report was deficient and the HearingOfficer was biased, and find them to be without merit.[*2]
Cardona, P.J., Mercure, Crew III, Peters and Carpinello,JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.