| Matter of Griffin v Goord |
| 2008 NY Slip Op 00150 [47 AD3d 1046] |
| January 10, 2008 |
| Appellate Division, Third Department |
| In the Matter of Gerald Griffin, Petitioner, v Glenn S. Goord, asCommissioner 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.
Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinarydetermination finding him guilty of illicit drug use. We now confirm.
The misbehavior report, together with the positive urinalysis test results and accompanyingdocumentation, along with testimony adduced at the hearing, provide substantial evidence tosupport the determination of guilt (seeMatter of Hoover v Goord, 38 AD3d 1069, 1070 [2007], lv denied 8 NY3d 816[2007]; Matter of Silverstein vSelsky, 32 AD3d 1100, 1100 [2006]). Contrary to petitioner's argument that the HearingOfficer was biased, there is no indication in the record that the determination at issue flowedfrom any purported bias. Petitioner's remaining contentions, including his claims regarding thealleged altering of documents and the deprivation of his right to present evidence, have beenexamined and are unavailing.
Mercure, J.P., Peters, Spain, Carpinello and Rose, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.