| Matter of Lewis v Fischer |
| 2009 NY Slip Op 08557 [67 AD3d 1241] |
| November 19, 2009 |
| Appellate Division, Third Department |
| In the Matter of Robert Lewis, Petitioner, v Brian Fischer, 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 investigation which indicated that petitioner had exchanged marihuana with hiswife during a visit and had later exchanged marihuana with another inmate, petitioner wascharged in a misbehavior report with smuggling and engaging in an unauthorized exchange.Following a tier III disciplinary hearing at which petitioner admitted to the unlawful exchangewith another inmate, petitioner was found guilty of both charges. This determination wasaffirmed on administrative appeal, prompting petitioner to commence this CPLR article 78proceeding.
We confirm. Contrary to petitioner's contention, the misbehavior report, together with theconfidential testimony of its author and petitioner's admission at the hearing, providedsubstantial evidence to support the determination (see Matter of Staton v Goord, 41AD3d 1105, 1106 [2007]; Matter of Calhoun v Goord, 20 AD3d 628, 629 [2005]).Moreover, the determination contained an adequate statement of the evidence relied upon by theHearing Officer (see Matter of Matias v Selsky, 43 AD3d 1261, 1262 [2007]; Matterof Profitt v Goord, 34 AD3d 1136, 1137 [2006]). Finally, there is no indication in the recordthat the Hearing Officer was biased or that the determination flowed from any alleged bias(see Matter of Davis v Fischer, 64 AD3d 847, 848 [2009], lv denied 13 NY3d709 [2009]; Matter of Warren v Fischer, 63 AD3d 1466, [*2]1467 [2009]).
Cardona, P.J., Spain, Malone Jr., Kavanagh and Garry, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.