| Matter of Linares v Fischer |
| 2009 NY Slip Op 00608 [59 AD3d 761] |
| February 5, 2009 |
| Appellate Division, Third Department |
| In the Matter of Jorge L. Linares, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet 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 foundpetitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tierIII disciplinary determination finding him guilty of unauthorized exchange. We now confirm.
Contrary to petitioner's assertion, the determination of guilt is supported by substantialevidence consisting of the misbehavior report and hearing testimony from the correction officerwho authored it (see Matter of Vigliottiv Bell, 52 AD3d 1064, 1064 [2008]). To the extent that petitioner argues that themisbehavior report was defective because it incorrectly listed his cube as the location where thedocuments in question were discovered, there has been no demonstration that this apparentlyinadvertent error prejudiced petitioner, and the report, overall, was sufficient to apprise petitionerof the charge against him and enable him to prepare a defense (see Matter of Di Rose v NewYork State Dept. of Correctional Servs., 270 AD2d 675, 675 [2000]). As for petitioner'sclaim that the Hearing Officer was biased, it is neither substantiated by the record nor is thereany indication that the determination in issue flowed from any [*2]purported bias (see Matter of Sweat v Fischer, 52 AD3d 1142, 1143 [2008]).
Petitioner's remaining contentions have been examined and are unavailing.
Cardona, P.J., Peters, Rose, Lahtinen and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.