| Matter of Vassell v Fischer |
| 2008 NY Slip Op 01280 [48 AD3d 876] |
| February 14, 2008 |
| Appellate Division, Third Department |
| In the Matter of Christopher Vassell, Petitioner, v Brian S. Fischer,as Commissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), forrespondents.
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 Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier IIIdisciplinary determination finding him guilty of fighting, creating a disturbance and engaging inviolent conduct. We confirm.
Contrary to petitioner's assertion, the determination of guilt is supported by substantialevidence consisting of the misbehavior report, testimony adduced at the hearing and confidentialinformation considered by the Hearing Officer in camera (see Matter of Tevault v Goord, 43 AD3d 1238, 1238-1239 [2007]).Regarding the confidential information, our review reveals that it was sufficiently detailed andprobative for the Hearing Officer to independently assess its reliability and credibility (see Matter of Catlin v GouverneurCorrectional Facility, 38 AD3d 1025, 1026 [2007]). To the extent that petitioner and hisinmate witnesses testified that he was not involved in the incident, this raised credibility issuesfor resolution by the Hearing Officer (see Matter of Graham v Goord, 43 AD3d 526, 526 [2007]).[*2]
We have examined petitioner's remaining contentions,including his claim that the Hearing Officer was biased, and find them to be without merit.
Peters, J.P., Rose, Lahtinen, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.