| Matter of Rios v Fischer |
| 2009 NY Slip Op 01058 [59 AD3d 797] |
| February 11, 2009 |
| Appellate Division, Third Department |
| In the Matter of Eli Rios, 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 a prison disciplinary rule.
Following two major disturbances involving gang members, petitioner was charged in amisbehavior report with violating the prison disciplinary rules prohibiting unauthorizedorganization and demonstration. He was ultimately found guilty of only unauthorizedorganization. Petitioner then commenced this CPLR article 78 proceeding seeking annulment.We now confirm.
It is initially noted that petitioner has abandoned his claim that the determination of guilt isnot supported by substantial evidence inasmuch as he has not advanced such an argument in hisbrief (see Matter of Coleman vGoord, 39 AD3d 1048, 1048 n [2007]). Turning to petitioner's procedural contentions,the Hearing Officer properly assessed the credibility and reliability of the confidentialinformation by extensively interviewing the correction officer who investigated the matter andobtained the confidential information from the informants (see Matter of Berry v Portuondo, 6 AD3d 848, 849 [2004]).Regarding petitioner's claim that the misbehavior report was deficient, we disagree and find thatit provided him with adequate notice of the nature of his alleged misconduct and the chargesagainst him and enabled him to prepare a defense (see Matter of Nova v Selsky, 54 AD3d 453, 454 [2008]).[*2]
Petitioner's remaining assertions have been examined andfound to be unpersuasive.
Cardona, P.J., Mercure, Peters, Rose and Lahtinen, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.