| Matter of Harrison v Bertone |
| 2008 NY Slip Op 03365 [50 AD3d 1352] |
| April 17, 2008 |
| Appellate Division, Third Department |
| In the Matter of Stoney Harrison, Petitioner, v M. Bertone, asCorrection Sergeant, 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 Ulster County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
After another inmate was found to be in possession of audio cassettes that were intended forpetitioner along with a letter directing petitioner on how to proceed with the sale of the cassettes,a search of petitioner's prison cell recovered numerous prohibited items, including audiocassettes and handwritten notes with information pertaining to the sale of cassettes. Following atier III disciplinary hearing, petitioner was found guilty of solicitation and possession ofcontraband. That determination was administratively affirmed and this CPLR article 78proceeding ensued.
Petitioner asserts that the portion of the determination which found him guilty of solicitationmust be annulled. We disagree, noting that the misbehavior report, together with the hearingtestimony from the authoring correction officer, provide substantial evidence to support thedetermination (see Matter of McCloud vSelsky, 45 AD3d 1127, 1128 [2007]; Matter of Chavis v Goord, 45 AD3d 1063, 1064 [2007]).Petitioner's remaining contentions, including his claims that the hearing was untimely and theHearing Officer acted unfairly, have been examined and found to be unpersuasive.[*2]
Peters, J.P., Spain, Lahtinen, Kavanagh and Stein, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.