| Matter of Kasiem v New York State Dept. of CorrectionalServs. |
| 2010 NY Slip Op 00616 [69 AD3d 1268] |
| January 28, 2010 |
| Appellate Division, Third Department |
| In the Matter of Allah Kasiem, 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 served as the administrative clerk in the law library in Sullivan CorrectionalFacility in Sullivan County, where he was incarcerated. After gang-related materials were foundin a folder that petitioner submitted to a correction officer for transport to another prisoner, hewas served with a misbehavior report charging him with possession of gang material, smugglingand providing false information. Following a tier III disciplinary hearing, petitioner was foundguilty of all charges. His administrative appeal was unsuccessful and petitioner thereaftercommenced this CPLR article 78 proceeding.
We confirm. Contrary to petitioner's contention, the misbehavior report, the testimony of thecorrection officer who authored the report and the documentary evidence provide substantialevidence to support the determination of guilt (see Matter of Gloss v Fischer, 65 AD3d 1430, 1431 [2009], lvdenied 2009 NY Slip Op 91571[U] [2009]; Matter of Pedraza v Fischer, 65 AD3d 1434, 1435 [2009]).
The remainder of petitioner's contentions have been examined and found to be either [*2]unpreserved or without merit.
Cardona, P.J., Spain, Lahtinen, Malone Jr. and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.