| Matter of Rivera v Leclaire |
| 2008 NY Slip Op 06527 [54 AD3d 465] |
| August 7, 2008 |
| Appellate Division, Third Department |
| In the Matter of Jose Rivera, Petitioner, v Lucien J. Leclaire Jr., asCommissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General (Martin A. Hotvet of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Ulster County) to review a determination of respondent Superintendent ofEastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was discovered trying to enter the prison yard with numerous items concealed intowels and clothing in the bottom of his net bag. At the conclusion of a tier II disciplinaryhearing, petitioner was found guilty of violating the prison disciplinary rule prohibitingsmuggling. An unsuccessful administrative appeal of that determination prompted petitioner tocommence this CPLR article 78 proceeding seeking annulment.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report and petitioner's admission that he was attempting to bring the items intothe yard (see Matter of Raqiyb vGoord, 24 AD3d 1013, 1013 [2005]). Petitioner's remaining contentions have beenconsidered and, to the extent preserved, are without merit.
Mercure, J.P., Peters, Spain, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.