| Matter of Boyle v Fischer |
| 2011 NY Slip Op 07897 [89 AD3d 1268] |
| November 10, 2011 |
| Appellate Division, Third Department |
| In the Matter of Matthew Boyle, Petitioner, v Brian Fischer, asCommissioner of Corrections and Community Supervision, Respondent. |
—[*1] Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court,entered in Albany County) to review a determination of respondent which found petitioner guilty ofviolating certain prison disciplinary rules.
Pursuant to an investigation conducted by the Inspector General's office, petitioner was identifiedas collaborating with a prison employee to bring marihuana into the facility and was thereafter chargedin a misbehavior report with drug possession, smuggling, soliciting and possessing personal employeeinformation. Following a tier III disciplinary hearing, he was found guilty of all charges. Thatdetermination was upheld on administrative appeal with a reduced penalty, and petitioner thencommenced this CPLR article 78 proceeding.
We confirm. The misbehavior report, testimony of the investigator who prepared it, confidentialtestimony and confidential documents provide substantial evidence to support the determination of guilt(see Matter of Montgomery v Fischer,84 AD3d 1666, 1667 [2011]; Matter ofBoggs v Martuscello, 84 AD3d 1667, 1668 [2011]). Our review of the confidential testimonyand documents reveals that there was sufficient proof and corroborating evidence to allow the HearingOfficer to independently assess the confidential informant's credibility (see Matter of Hill v Fischer, 69 AD3d1103, 1103 [2010]; Matter ofFareedullah v Fischer, 64 AD3d 1024, 1026 [2009], lv denied 13 NY3d 713[2009]).[*2]
We have examined petitioner's remaining contentions and findthem to be either unpreserved or without merit.
Peters, J.P., Lahtinen, Stein, Garry and Egan Jr., JJ., concur. Adjudged that the determination isconfirmed, without costs, and petition dismissed.