| Matter of Arnold v Fischer |
| 2009 NY Slip Op 01745 [60 AD3d 1177] |
| March 12, 2009 |
| Appellate Division, Third Department |
| In the Matter of Milton Arnold, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady 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.
After an investigation indicated that petitioner slashed another inmate's face, petitioner wascharged in a misbehavior report with assault and violent conduct. A tier III disciplinary hearingensued, at the conclusion of which petitioner was found guilty of both charges. Thatdetermination was administratively affirmed, prompting petitioner to commence this CPLRarticle 78 proceeding seeking annulment.
We confirm. Respondent's determination is supported by substantial evidence in the record,including the misbehavior report and confidential testimony and information (see Matter of Gallo v Fischer, 50AD3d 1374, 1374 [2008]). Contrary to petitioner's assertion, the misbehavior report wassufficiently detailed such that petitioner had notice of the charges against him and was able toprepare a defense (see Matter of Nova vSelsky, 54 AD3d 453, 454 [2008]). Petitioner's contention that the Hearing Officer wasbiased is neither substantiated by the record nor is there any indication that the determination ofguilt flowed from any purported bias (see Matter of Randolph v Napoli, 56 AD3d 832, 833 [2008]).[*2]
We have examined petitioner's remaining arguments,including his claim that the Hearing Officer failed to appropriately assess the credibility of theconfidential information, and find them to be unavailing.
Cardona, P.J., Peters, Rose, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.