| Matter of Brown v Bezio |
| 2010 NY Slip Op 06344 [76 AD3d 741] |
| August 5, 2010 |
| Appellate Division, Third Department |
| In the Matter of Bruce Brown, Petitioner, v Norman R. Bezio, asDirector of Special Housing and Inmate Disciplinary Programs,Respondent. |
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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.
After an inmate was struck several times in the back of the head with a metal can, resultingin wounds that required a dozen stitches, petitioner was served with a misbehavior reportcharging him with assault, violent conduct, possession of a weapon and creating a disturbance.Following a tier III disciplinary hearing, petitioner was found guilty of all charges. Hisadministrative appeal proved unavailing, after which he commenced this CPLR article 78proceeding.
We confirm. The misbehavior report and the testimony of the correction officer whoauthored the report, both during the hearing and in camera, along with the myriad supplementaryreports and photographs, provide substantial evidence to support the finding of guilt (see Matter of Wilson v Artus, 71AD3d 1294, 1295 [2010]; Matterof Estevez v Fischer, 63 AD3d 1402, 1403 [2009]). Contrary to petitioner's claim, ourreview of the record demonstrates that the Hearing Officer made a proper assessment of thecredibility and reliability of the confidential informants by conducting an extensive interviewwith the correction officer who investigated the [*2]incident andreceived the information from them (seeMatter of Rios v Fischer, 59 AD3d 797 [2009]; Matter of Witkowski v Goord, 45 AD3d 1068, 1069 [2007]).
Cardona, P.J., Mercure, Lahtinen, Malone Jr. and Egan Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.