| Matter of Salahuddin v Goord |
| 2008 NY Slip Op 02712 [49 AD3d 1107] |
| March 27, 2008 |
| Appellate Division, Third Department |
| In the Matter of Abdullah Y. Salahuddin, Petitioner, v Glenn S.Goord, as Commissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Walsh 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.
Following a tier III disciplinary hearing, petitioner was found guilty of possession ofcontraband, unauthorized possession of facility documents and unauthorized possession ofgrievance and disciplinary documents pertaining to other inmates. This determination wasaffirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78proceeding.
Substantial evidence, consisting of two misbehavior reports and the testimony adduced at thehearing, supports the determination of guilt (see Matter of Martin v Goord, 46 AD3d 1294, 1295 [2007]; Matter of Frejomil v LaClair, 46 AD3d1061, 1061 [2007]). Petitioner's assertion that he had authorization[FN*]to possess the multiple items in question created a credibility issue for [*2]the Hearing Officer to resolve, as did his claim that the misbehaviorreports were issued in retaliation for grievances he filed (see Matter of Johnson v Goord, 46 AD3d 1038 [2007]; Matter of Lashley v Lindsay, 45 AD3d1073, 1073 [2007]).
To the extent that they were preserved, petitioner's remaining contentions, including hisclaims of procedural error, have been considered and determined to be without merit.
Cardona, P.J., Peters, Carpinello, Lahtinen and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.
Footnote *: Petitioner did produce a localpermit authorizing his possession of a Sony Walkman.