| Matter of Arrollo v Leclaire |
| 2009 NY Slip Op 03970 [62 AD3d 1171] |
| May 21, 2009 |
| Appellate Division, Third Department |
| In the Matter of Richie Arrollo, Petitioner, v Lucien Leclaire, asCommissioner of Correctional Services, 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 SupremeCourt, entered in Albany County) to review a determination of respondent which foundpetitioner guilty of violating certain prison disciplinary rules.
Following an anonymous tip, petitioner's cell was searched and officers found a sharpenedmetal rod and letters discussing drugs, killing and purported gang activity. As a result, petitionerwas charged in a misbehavior report with, among other things, possession of a weapon andunauthorized organizational materials. Following a tier III disciplinary hearing, petitioner wasfound guilty of the enumerated charges. After an unsuccessful administrative appeal, petitionercommenced this CPLR article 78 proceeding.
Petitioner claims that the misbehavior report did not support the charge of possessingunauthorized organizational materials. We disagree. The misbehavior report, hearing testimonyand documentary evidence, which consisted of the letters themselves, provide substantialevidence to support the determination that petitioner was guilty of possessing unauthorizedorganizational materials (see Matter ofWilliams v Dubray, 57 AD3d 1185, 1185 [2008]; Matter of Thorpe v Fischer, 53 AD3d 1003, 1004 [2008]). In fact,petitioner admitted that one letter contained mention of "two known unauthorized groups." Wehave examined petitioner's remaining contentions and, to the extent preserved, find them to beunavailing.[*2]
Cardona, P.J., Peters, Rose, Kavanagh and McCarthy, JJ.,concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.