| Matter of Rickson v Leclaire |
| 2007 NY Slip Op 09842 [46 AD3d 1050] |
| December 13, 2007 |
| Appellate Division, Third Department |
| In the Matter of Ricky Rickson, Petitioner, v Lucien J. Leclaire Jr.,as Commissioner 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.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of harassmentand a temporary release violation. The determination was affirmed on administrative review andthis CPLR article 78 proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report and the confidential testimony considered by the Hearing Officer incamera (see Matter of Shicon vGoord, 27 AD3d 811, 811-812 [2006]). Petitioner's testimony attempting to explain hisconduct created a credibility issue for resolution by the Hearing Officer (see Matter of Rizzuto v Goord, 36AD3d 1124, 1124-1125 [2007]). In addition, contrary to petitioner's assertion, he was notentitled to access to the confidential evidence (see Matter of Tusa v Goord, 287 AD2d907, 908 [2001], appeal dismissed 98 NY2d 646 [2002]). Petitioner's remainingcontentions, to the extent not specifically addressed herein, have been considered and arerejected.[*2]
Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.