| Matter of Harvey v Goord |
| 2008 NY Slip Op 00315 [47 AD3d 1096] |
| January 17, 2008 |
| Appellate Division, Third Department |
| In the Matter of Miguel Harvey, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Franklin County) to review a determination of respondent Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty ofunauthorized organizational activity and a facility correspondence violation. That determinationwas affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence consisting of themisbehavior report and testimony adduced at the hearing, including admissions made bypetitioner that he mailed the offending letter containing organizational recruitment instructions toa third person not addressed on the outside of the envelope (see Matter of Lopez v Healy, 39 AD3d 978, 978 [2007]; Matter of Rizzuto v Goord, 35 AD3d1075, 1075 [2006]). As for petitioner's claim that the organization was not unauthorized, thatcreated credibility issues for resolution by the Hearing Officer (see Matter of Rivera v Selsky, 43AD3d 1210, 1210 [2007]). To the extent preserved, we have examined petitioner'sremaining contentions, including his claims that the opening of his mail was not authorized andhe was denied the right to present [*2]witness testimony, and findthem to be unavailing.
Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur. Adjudged that the determinationis confirmed, without costs, and petition dismissed.