Opinion
93867
Decided and Entered: November 6, 2003.
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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Felix Concepcion, Comstock, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Patrick Barnett — Mulligan of counsel), for respondent.
Before: Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ.
MEMORANDUM AND JUDGMENT
Petitioner was found guilty of violating the prison disciplinary rule that prohibits assaulting another inmate after a confidential source identified petitioner as the one who punched another inmate through a cell window. The misbehavior report, testimony at the hearing and confidential information provide substantial evidence of petitioner's guilt (see Matter of Ward v. Murphy, 302 A.D.2d 839, 839). Although the Hearing Officer did not personally interview the confidential informant, a review of the confidential material establishes that the Hearing Officer made an independent assessment of the reliability and credibility of the information provided (see Matter of Nogueras v. Selsky, 306 A.D.2d 586, 586). To the extent that petitioner claims that the hearing was untimely completed without proper extensions, the 14-day time limitation for completion of a hearing is directory and not mandatory (see 7 NYCRR 251-5.1 [b]; Matter of Rudolph v. Goord, 284 A.D.2d 640, 640, appeal dismissed 96 N.Y.2d 936; Matter of Bazelais v. Goord, 278 A.D.2d 723, 723-724). In any event, petitioner has established no substantial prejudice resulting from the delay (see Matter of Matos v. Goord, 293 A.D.2d 855, 856; Matter of Bazelais v. Goord, supra at 723-724).
Mercure, J.P., Peters, Carpinello, Mugglin and Kane, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.