| Matter of Moretti v Selsky |
| 2007 NY Slip Op 09841 [46 AD3d 1049] |
| December 13, 2007 |
| Appellate Division, Third Department |
| In the Matter of Robert Moretti, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,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 the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, an inmate, was charged in a misbehavior report with violating the prisondisciplinary rule prohibiting illicit drug use. Following a tier III disciplinary hearing, he wasfound guilty as charged. Upon administrative review, the determination was affirmed with amodified penalty. This CPLR article 78 proceeding ensued.
We confirm. Substantial evidence consisting of the misbehavior report, positive urinalysistest results and related documentation and testimony adduced at the hearing supports thedetermination of guilt (see Matter ofCrosby v Goord, 38 AD3d 1110 [2007]; Matter of Hoover v Goord, 38 AD3d 1069, 1070 [2007], lvdenied 8 NY3d 816 [2007]). As for petitioner's assertion that he was deprived of adequateemployee assistance, any defects in the assistance provided to him were cured by the HearingOfficer at the time of the hearing (see Matter of Ellison v Goord, 274 AD2d 800, 801[2000]). We have reviewed petitioner's remaining contentions, including his claims that he wasimproperly denied the right to present evidence, [*2]there weredeficiencies in the chain of custody and the Hearing Officer was biased, and find them to beunavailing.
Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.