| Matter of Kairis v Fischer |
| 2008 NY Slip Op 06524 [54 AD3d 462] |
| August 7, 2008 |
| Appellate Division, Third Department |
| In the Matter of Paul Kairis, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady 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 certain prison disciplinary rules.
Petitioner, a prison inmate, placed an envelope in the facility's outgoing mail which waspurportedly addressed to an attorney. Attached to the envelope was a financial disbursement formrequesting that free legal postage be applied. It was subsequently determined that there was nolaw firm located at the address listed by petitioner. The envelope was opened and containedtherein was a sealed letter to an inmate at another facility, as well as five magazine subscriptioncards. Two of the subscription cards bore petitioner's prison address and the other three bore theaddress of a woman who had visited him in prison. The address set forth on the envelope thatpetitioner attempted to mail proved to be that of the other inmate's sister.
Petitioner was thereafter charged in a misbehavior report with soliciting, making falsestatements and violating facility correspondence regulations. At the conclusion of the ensuing tierIII disciplinary hearing, petitioner was found guilty of all charges. Petitioner's unsuccessfuladministrative appeal prompted this CPLR article 78 proceeding seeking annulment.
We confirm. To the extent that the petition can be construed as alleging that there isinsufficient evidence to uphold the determination of guilt, we find that the misbehavior report,[*2]together with the confiscated documents and testimonyadduced at the hearing, comprise substantial evidence in support thereof (see Matter of Malloy v Goord, 50AD3d 1431 [2008]). Petitioner's remaining claims that the opening of his outgoing mail wasnot authorized and he was denied the right to present witness testimony have been examined andfound to be unavailing.
Mercure, J.P., Peters, Lahtinen, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.