| Matter of Mobley v Dubray |
| 2008 NY Slip Op 09515 [57 AD3d 1055] |
| December 4, 2008 |
| Appellate Division, Third Department |
| In the Matter of Corey Mobley, Petitioner, v Keith Dubray, as Directorof Special Housing and Inmate Disciplinary Programs, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
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 the Commissioner of Correctional Serviceswhich found petitioner guilty of violating certain prison disciplinary rules.
A frisk search of petitioner recovered an 8¼-inch sharpened metal rod in his right sneaker.As a result, petitioner was charged in a misbehavior report with smuggling and possession of a weapon.Following a tier III disciplinary hearing, petitioner was found guilty of both charges. That determinationwas administratively affirmed, prompting petitioner to commence this CPLR article 78 proceedingseeking annulment.
We confirm. To the extent that petitioner challenges the determination of guilt on an evidentiarybasis, the misbehavior report, together with the corroborating hearing testimony from the correctionofficer who found the weapon and authored the report, provide substantial evidence to support thedetermination (see Matter of Harvey vWoods, 53 AD3d 988, 988 [2008]). Regarding petitioner's claim of hearing officer bias, it isneither substantiated by the record nor is there any indication that the determination flowed from anypurported bias (see Matter of Jenkins vSelsky, 51 AD3d 1239, 1240 [2008]). Petitioner's assertion that he was denied documentaryand photographic evidence has been examined and found to be unavailing.[*2]
Cardona, P.J., Spain, Carpinello, Kane and Malone Jr., JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.