Opinion
2001-04456
Submitted January 29, 2002.
March 5, 2002.
Proceeding pursuant to CPLR article 78 to review a determination dated July 26, 2000, which confirmed a determination of a Hearing Officer dated June 1, 2000, made after a Tier III disciplinary hearing, finding the petitioner guilty of possessing illegal drugs, and imposing a penalty.
Alvin Muse, Ossining, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and Robert H. Easton of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, JJ.
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
The inmate misbehavior report, the scientific analysis conducted on the contraband substance, and the petitioner's admissions during the hearing constituted substantial evidence to support the determination that he was guilty of possessing illegal drugs (see, Matter of Bryant v. Coughlin, 77 N.Y.2d 642; Matter of Ramos v. Goord, 286 A.D.2d 392, lv denied N.Y.2d [Dec. 13, 2001]; Matter of Riley v. Goord, 278 A.D.2d 327). Further, the petitioner failed to establish that the Hearing Officer was biased against him (see, Matter of Rodriguez v. Goord, 276 A.D.2d 493; see also, Matter of Llull v. Coombe, 238 A.D.2d 761). The Hearing Officer, as the trier of fact, resolved the issues of credibility, and we find no reason to disturb the determination (see, Matter of Ramos v. Goord, supra).
RITTER, J.P., SMITH, KRAUSMAN and TOWNES, JJ., concur.