| Matter of Valerio v New York State Dept. of CorrectionalServs. |
| 2009 NY Slip Op 08543 [67 AD3d 1228] |
| November 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Victor Valerio, Petitioner, v New York StateDepartment of Correctional Services, 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 SupremeCourt, entered in Albany County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was charged in a misbehavior report with possession of contraband and facilitydocuments after a search of his cell revealed a copy of a prohibited directive. He was foundguilty of both charges after a tier III disciplinary hearing and an unsuccessful administrativeappeal followed. Petitioner then commenced this CPLR article 78 proceeding.
We confirm. The misbehavior report and the hearing testimony, including petitioner'sadmission that he possessed the document, constitute substantial evidence to support thedetermination (see Matter of Messiah v New York State Dept. of Correctional Servs., 52AD3d 1133, 1133 [2008]; Matter of Garcia v Selsky, 48 AD3d 931, 932 [2008],appeal dismissed 10 NY3d 909 [2008]). We find no error in the Hearing Officer's denialof petitioner's request to recall a particular witness inasmuch as the testimony that petitionersought to elicit would have been redundant or irrelevant to the charges (see Matter ofSheppard v Bezio, 62 AD3d 1189, 1190 [2009]; Matter of Morris v Goord, 50 AD3d1327, 1327 [2008]). Finally, we find no [*2]support in the recordfor petitioner's claim that the Hearing Officer was biased or that the determination flowed fromany bias (see Matter of Gimenez v Artus, 63 AD3d 1461, 1462 [2009]; Matter ofChavis v Goord, 58 AD3d 954, 955 [2009]).
We have examined petitioner's remaining contentions and find them to be without merit.
Cardona, P.J., Mercure, Kane, Malone Jr. and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.