| Matter of Boggs v Martuscello |
| 2011 NY Slip Op 04149 [84 AD3d 1625] |
| May 19, 2011 |
| Appellate Division, Third Department |
| In the Matter of Steven J. Boggs, Petitioner, v Daniel Martuscello,as Acting Superintendent of Coxsackie Correctional Facility, et al.,Respondents. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Greene County) to review a determination of respondent Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
After an investigation that included the interception of a letter addressed to petitioner inwhich 15 plastic baggies containing a tan powder were concealed, petitioner was charged in amisbehavior report with conspiring to introduce contraband, soliciting others to smugglecontraband and violating correspondence procedures. A tier III disciplinary hearing ensued, afterwhich petitioner was found guilty of all charges. That determination was affirmed onadministrative appeal and petitioner then commenced this CPLR article 78 proceeding.
We affirm. The detailed misbehavior report, testimony from the investigator, supportingdocumentation and petitioner's letter to his coconspirator provide substantial evidence to supportthe determination of guilt (see Matter ofKirshtein v Bezio, 79 AD3d 1497, [*2]1498 [2010]; Matter of Cruz v Bezio, 79 AD3d1509, 1509 [2010]). Petitioner's contention that he did not receive the drug testingdocumentation is unavailing, as these forms are not necessary to substantiate conspiracy andsmuggling charges (see Matter of Kirshtein v Bezio, 79 AD3d at 1498; Matter of Quartieri v New York State Dept.of Correctional Servs., 70 AD3d 1071, 1072 [2010]). Finally, with regard to petitioner'scontention that the hearing was not timely completed, we note that the required extensions wererequested and granted, and petitioner failed to show that he was prejudiced by the minor delay inthe request for one of the extensions, which was otherwise valid (see Matter of Martinez v Fischer, 82AD3d 1380, 1381 [2011]; Matter ofCollins v Bellnier, 79 AD3d 1520, 1521 [2010]). Petitioner's remaining contentionshave been examined and found to be unpreserved or without merit.
Mercure, J.P., Peters, Malone Jr., Kavanagh and Stein, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.