| Matter of Farrow v Prack |
| 2008 NY Slip Op 09522 [57 AD3d 1065] |
| December 4, 2008 |
| Appellate Division, Third Department |
| In the Matter of Curtis Farrow, Petitioner, v Albert Prack, as Director ofSpecial Housing and Inmate Disciplinary Programs, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 a prison disciplinary rule.
Petitioner, a prison inmate, was charged in a misbehavior report with assaulting another inmate. Atthe conclusion of a tier III disciplinary hearing, petitioner was found guilty as charged. Thatdetermination was affirmed upon administrative appeal and this CPLR article 78 proceeding seekingannulment ensued.
We confirm. The determination of guilt is supported by substantial evidence in the form of thedetailed misbehavior report, hearing testimony from the correction sergeant who authored the report,and confidential hearing testimony considered by the Hearing Officer in camera (see Matter of Morris v Goord, 50 AD3d1327, 1327 [2008]). Although the Hearing Officer did not personally interview the confidentialinformants, he properly assessed their reliability by making sufficient inquiries of the correction sergeantswho received the confidential information (seeMatter of Catlin v Gouverneur Correctional Facility, 38 AD3d 1025, 1026 [2007]).Petitioner's remaining contentions, including his claims that the misbehavior report was defective and thepenalty imposed was excessive, have been examined and found to be unavailing.[*2]
Cardona, P.J., Carpinello, Rose, Lahtinen and Stein, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.