| Matter of Taylor v Caldwell |
| 2008 NY Slip Op 04414 [51 AD3d 1234] |
| May 15, 2008 |
| Appellate Division, Third Department |
| In the Matter of Rodolfo Taylor, Petitioner, v Captain Caldwell, asHearing Officer, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold 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 the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, was found to be in possession of a weapons manual concealed ina manila folder containing legal papers. He was found guilty of possession of contrabandfollowing a tier III disciplinary hearing. He then commenced this CPLR article 78 proceedingchallenging the determination.
We confirm. The misbehavior report, together with the corroborating testimony adduced atthe hearing, comprise substantial evidence to support the determination of guilt (see Matter of Lopez v Selsky, 28 AD3d968, 968 [2006]). As for petitioner's denial that the manual belonged to him, this created acredibility issue for resolution by the Hearing Officer (see Matter of Charles v Selsky, 13 AD3d 861, 861 [2004]).Petitioner's remaining contentions, including his claim that the manual should have beensubmitted to the media review committee, have been examined and found to be without merit.
Mercure, J.P., Peters, Rose, Malone Jr. and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.