| Matter of Malloy v Goord |
| 2008 NY Slip Op 03553 [50 AD3d 1431] |
| April 24, 2008 |
| Appellate Division, Third Department |
| In the Matter of Lavar Malloy, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (William E. Storrs 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.
A search of petitioner's prison cell recovered several letters which, upon review by acorrection officer with specialized training relative to gangs, were determined to includegang-related references. As a result, petitioner was charged in a misbehavior report withpossession of unauthorized organizational materials. 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 misbehavior report, together with the confiscated letters, along with thetestimony adduced at the hearing, provide substantial evidence to support the determination ofguilt (see Matter of Velez v Goord, 262 AD2d 906, 906 [1999]). We have examinedpetitioner's remaining contentions, including his claim that the Hearing Officer was biased, andfind them to be without merit.
Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.