| Matter of Jackson v McGinnis |
| 2008 NY Slip Op 00319 [47 AD3d 1100] |
| January 17, 2008 |
| Appellate Division, Third Department |
| In the Matter of Keyron Jackson, Petitioner, v Michael McGinnis,as Superintendent of Southport Correctional Facility, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review a determination of the Commissioner ofCorrectional Services which found petitioner guilty of violating a prison disciplinary rule.
A search of petitioner's prison cell recovered documents containing the names of numerousinmates with detailed personal information, including nicknames associated with members of aparticular unauthorized gang. As a result, petitioner was charged in a misbehavior report withviolating the prison disciplinary rule prohibiting possession of unauthorized organizationalmaterial. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guiltyas charged. That determination was affirmed upon administrative review, prompting petitioner tocommence this CPLR article 78 proceeding.
We confirm. The determination of guilt is supported by substantial evidence consisting of themisbehavior report, hearing testimony and confidential information considered by the HearingOfficer in camera (see Matter of Tevaultv Goord, 43 AD3d 1238, 1238-1239 [2007]; Matter of Baxter v Goord, 42 AD3d 798, 798 [2007]). Petitioner'sremaining contentions, including his claim that he did not have sufficient notice of the chargeagainst him, have been examined and are rejected.[*2]
Cardona, P.J., Mercure, Spain, Rose and Lahtinen, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.