| Matter of Hamilton v Fischer |
| 2011 NY Slip Op 04141 [84 AD3d 1614] |
| May 19, 2011 |
| Appellate Division, Third Department |
| In the Matter of Raymond Hamilton, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Eric T. Schneiderman, 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 found petitionerguilty of violating certain prison disciplinary rules.
During a search of petitioner's cell, a correction officer found a razor blade that had beenmelted into the end of a plastic silverware handle hidden under the mattress of petitioner's bed.As a result, he was charged in a misbehavior report with possessing a weapon and possessing analtered item. Following a tier III disciplinary hearing, he was found guilty of the charges. Thedetermination was later affirmed on administrative appeal, resulting in this CPLR article 78proceeding.
We confirm. Substantial evidence—consisting of the misbehavior report, relateddocumentation and the testimony of the correction officer who recovered theweapon—supports the determination of guilt (see Matter of Parra v Fischer, 76 AD3d 724, 725 [2010], lvdenied 15 NY3d 714 [2010]; Matterof Vines v Goord, 19 AD3d 951, 952 [2005]). A reasonable inference of possessionarises from the fact that the weapon was found in an area within petitioner's control (see Matter of Sweet v Poole, 48 AD3d867, 868 [2008]; Matter of Ameenv Selsky, 25 AD3d 1059 [2006]), and petitioner's claim that it was planted by someoneelse presented a credibility issue for the Hearing Officer to resolve (see Matter of Wilson v Goord, 47AD3d 1102, 1103[*2][2008]; Matter of Ubaldo v Leclaire, 46 AD3d975 [2007]). Therefore, we find no reason to disturb the determination at issue.
Mercure, J.P., Peters, Lahtinen, Malone Jr. and McCarthy, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.