| Matter of James v Poole |
| 2008 NY Slip Op 05616 |
| Decided on June 19, 2008 |
| Appellate Division, Third Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided and Entered: June 19, 2008
503856
v
THOMAS POOLE, as Superintendent of Five Points Correctional Facility, et al., Respondents.
Calendar Date: May 14, 2008
Before: Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.
Mark James, Comstock, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Peter
H. Schiff of counsel), for respondents.
MEMORANDUM AND JUDGMENT
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with unauthorized exchange and drug possession after he was observed passing what proved to be marihuana to another inmate in a serving line. Petitioner was charged in a second misbehavior report with drug possession after a search of his cell recovered a substance which tested to be marihuana. A single tier III disciplinary hearing was held in connection with both reports, at the conclusion of which petitioner was found guilty of all charges. That determination was administratively affirmed and this CPLR article 78 proceeding ensued.
We confirm. The determination of guilt is supported by substantial evidence including the two misbehavior reports and related hearing testimony (see Matter of Salahuddin v Goord, 49 AD3d 1107 [2008]). Petitioner's denial of the allegations and claims of inconsistencies in the evidence created credibility issues for resolution by the Hearing Officer (see Matter of Jones v Goord, 50 AD3d 1427 [2008]). To the extent preserved, petitioner's remaining contentions, including his claim that there was a defective chain of custody, have been examined and found to [*2]be unavailing.
Peters, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.