| Matter of Gallo v Fischer |
| 2008 NY Slip Op 03375 [50 AD3d 1374] |
| April 17, 2008 |
| Appellate Division, Third Department |
| In the Matter of Jerry Gallo, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 a prison disciplinary rule.
Petitioner was charged in a misbehavior report with assaulting an inmate and possession ofdrugs after an investigation revealed that he hired one inmate to "cut" another inmate who hadsupposedly failed to pay petitioner for drugs. Following a tier III disciplinary hearing, petitionerwas found guilty of the assault charge and not guilty of the drug charge. That determination wasaffirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence including themisbehavior report and confidential testimony and information considered by the Hearing Officerin camera (see Matter of Rickson vLeclaire, 46 AD3d 1050, 1050 [2007]). Regarding the confidential evidence, the recordreveals that it was sufficiently detailed and probative such that the Hearing Officer was able toindependently assess its reliability and credibility (see Matter of Catlin v Gouverneur Correctional Facility, 38 AD3d1025, 1026 [2007]). Petitioner's remaining contentions, including his claims of deficienciesin the misbehavior report, have been examined and found to be unavailing.[*2]
Mercure, J.P., Peters, Lahtinen, Kane and Malone Jr., JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.