| Matter of Jones v Goord |
| 2008 NY Slip Op 03550 [50 AD3d 1427] |
| April 24, 2008 |
| Appellate Division, Third Department |
| In the Matter of Mahmond Jones, Petitioner, v Glenn S. Goord, 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.
After a search of petitioner's prison cell recovered substances which were subsequentlyproven to be heroin and marihuana, he was charged in a misbehavior report with violating theprison disciplinary rule prohibiting drug possession. A tier III disciplinary hearing ensued, at theconclusion of which petitioner was found guilty as charged. That determination wasadministratively affirmed, prompting petitioner to commence this CPLR article 78 proceedingseeking annulment.
We confirm. The determination of guilt was supported by substantial evidence in the form ofthe misbehavior report, related documentary evidence and photographs, positive drug test resultsand hearing testimony (see Matter ofCallender v Selsky, 41 AD3d 1065, 1065-1066 [2007]). Petitioner's denial that the drugsbelonged to him and his claim of inconsistencies in the documentary evidence created credibilityissues for resolution by the Hearing Officer (see Matter of Diaz v Goord, 26 AD3d 561, 562 [2006]). To theextent preserved, petitioner's remaining contentions, including his claims that there was adefective chain of custody and the Hearing [*2]Officer wasbiased, have been examined and found to be unavailing.
Cardona, P.J., Mercure, Rose, Lahtinen and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.