| Matter of Cornwall v Fischer |
| 2010 NY Slip Op 03200 [72 AD3d 1364] |
| April 22, 2010 |
| Appellate Division, Third Department |
| In the Matter of Shawn Cornwall, 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.
Correction officials determined that petitioner had sent a letter referencing gang-relatedmatters to another inmate in the same correctional facility through a third party located outsidethe facility. As a result, petitioner was charged in a misbehavior report with smuggling, violatingfacility correspondence procedures and distributing gang-related materials. He was found guiltyof the charges at the conclusion of a tier III disciplinary hearing and the determination wasaffirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, together with the hearing testimony and documentaryevidence, provide substantial evidence supporting the determination of guilt (see Matter ofMurray v Selsky, 58 AD3d 975, 975 [2009]; Matter of Martinez v Selsky, 53 AD3d 989 [2008]). Petitioner'sclaim that another individual who copied his handwriting composed the letter presented acredibility issue for the Hearing Officer to resolve (see Matter of Martinez v Selsky, 53AD3d at 989). Although petitioner also asserts that he was denied adequate employee assistance,he has failed to demonstrate that he was prejudiced by any claimed deficiencies (see [*2]Matter of Liner v Fischer, 56 AD3d 1088, 1088 [2008],lv denied 12 NY3d 703 [2009]; Matter of Kelly v Selsky, 54 AD3d 1118, 1119 [2008]).Petitioner's remaining contentions are either unpreserved for our review or are lacking in merit.
Mercure, J.P., Spain, Kavanagh, McCarthy and Egan Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.