| Matter of Rivera v Artus |
| 2011 NY Slip Op 01910 [82 AD3d 1431] |
| March 17, 2011 |
| Appellate Division, Third Department |
| In the Matter of Carlos Rivera, Petitioner, v Dale Artus, asSuperintendent of Clinton Correctional Facility Respondent. |
—[*1] Eric T. Schneiderman, 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 Clinton County) to review a determination of the Commissioner of CorrectionalServices which found petitioner guilty of violating a prison disciplinary rule.
As the result of an investigation, petitioner was charged in a misbehavior report with stalkinga female staff member. He was found guilty of the charge at the conclusion of a tier IIIdisciplinary hearing and the determination was later affirmed on administrative appeal. ThisCPLR article 78 proceeding ensued.
We confirm. Contrary to petitioner's claim, the confidential portion of the hearing transcriptreveals that the Hearing Officer adequately verified the reliability of the information provided bythe confidential source through his questioning of the correction officer who received thisinformation (see Matter of Butler vFischer, 74 AD3d 1651, 1652 [2010]; Matter of Benston v Fischer, 67 AD3d 1139, 1140 [2009]). Thisconfidential information, together with the misbehavior report and hearing testimony, providesubstantial evidence supporting the determination of guilt (see Matter of Britt v Fischer, 54 AD3d 1087, 1087 [2008]; Matter of Samuel v Fischer, 53 AD3d960, 960 [2008]). Therefore, we find no reason to disturb the determination of guilt.[*2]
Mercure, J.P., Rose, Garry and Egan Jr., JJ., concur.Adjudged that the determination is confirmed, without costs, and petition dismissed.