| Matter of Sanders v Haggett |
| 2010 NY Slip Op 03208 [72 AD3d 1372] |
| April 22, 2010 |
| Appellate Division, Third Department |
| In the Matter of Jerry Sanders, Petitioner, v William T. Haggett, asSuperintendent of Mt. McGregor Correctional Facility, 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 Saratoga County) to review a determination of the Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
Based upon confidential information that he had thrown a bar of soap at a correction officer,petitioner was charged in a misbehavior report with attempted assault and violent conduct.Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penaltywas imposed. The determination was affirmed on administrative appeal and this CPLR article 78proceeding ensued.
We confirm. The misbehavior report, together with the confidential testimony andinformation considered by the Hearing Officer in camera, provide substantial evidence tosupport the determination of guilt (seeMatter of Arnold v Fischer, 60 AD3d 1177, 1177 [2009]; Matter of Gallo v Fischer, 50 AD3d1374 [2008]). Moreover, contrary to petitioner's contention, he was not entitled to access theconfidential information (see Matter ofUmoja v Bezio, 64 AD3d 1066, 1066 [2009]; Matter of Rickson v Leclaire, 46 AD3d 1050, 1051 [2007]).Further, although the Hearing Officer did not interview the confidential informant, he madeadequate inquiries of the correction officer who received the information to properly ascertainthe [*2]informant's reliability (see Matter of Farrow v Prack, 57AD3d 1065, 1065 [2008], lv denied 12 NY3d 704 [2009]). Finally, we are notconvinced that the gap in the hearing transcript precludes meaningful judicial review (see Matter of Cowart v Bezio, 67AD3d 1152, 1152 [2009]), particularly considering that the inmate witness's testimony tothat point indicated that he had not personally observed the incident in question. Petitioner'sremaining claims have been examined and found to be without merit.
Cardona, P.J., Spain, Malone Jr., Kavanagh and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.