| Matter of Ramos v Selsky |
| 2008 NY Slip Op 01266 [48 AD3d 863] |
| February 14, 2008 |
| Appellate Division, Third Department |
| In the Matter of Wilfrido Ramos, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,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 Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with making threats and attempting to assaultan inmate after a confidential informant revealed that petitioner threatened to stab him if he didnot stab another inmate. Following a tier III disciplinary hearing, petitioner was found guilty ascharged, and that determination was affirmed upon administrative appeal. This CPLR article 78proceeding ensued.
We confirm. The misbehavior report and the hearing testimony provide substantial evidenceto support the determination of guilt (seeMatter of Witkowski v Goord, 45 AD3d 1068, 1069 [2007]; Matter of Lewis v Goord, 43 AD3d1259 [2007]). The contrary testimony of petitioner and his witnesses created a credibilityissue for the Hearing Officer to resolve (see Matter of Smith v Goord, 45 AD3d 1119 [2007]; Matter of Griffin v Goord, 43 AD3d591, 591 [2007]). Contrary to petitioner's contention, the Hearing Officer was not required toconduct an in camera assessment of the confidential informant's credibility inasmuch as he wasable to assess it when the informant testified at the hearing (see Matter of Hines v Goord,29 AD3d [*2]1204, 1205 [2006]; see also Matter of Vallade v Goord, 11AD3d 786, 787 [2004]).
To the extent that they were preserved, petitioner's remaining contentions have beenreviewed and determined to be without merit.
Peters, J.P., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.