Opinion
533088
11-10-2021
In the Matter of Aaron Q. KETCHMORE, Petitioner, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.
Aaron Q. Ketchmore, Elmira, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Aaron Q. Ketchmore, Elmira, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND JUDGMENT
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 finding petitioner guilty of violating certain prison disciplinary rules. After an incarcerated individual was observed with a five-inch laceration to his neck, the ensuing investigation, that included confidential information, resulted in petitioner being charged in a misbehavior report with assault, creating a disturbance, smuggling, violent conduct and possessing a weapon. Following a tier III disciplinary hearing, petitioner was found not guilty of smuggling, but guilty of the remaining charges. That determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, hearing testimony and confidential testimony considered by the Hearing Officer provide substantial evidence supporting the finding of guilt (see Matter of Mendez v. Annucci, 155 A.D.3d 1146, 1147, 62 N.Y.S.3d 833 [2017] ; Matter of Mears v. Venettozzi, 150 A.D.3d 1498, 1499, 54 N.Y.S.3d 219 [2017], lv denied 30 N.Y.3d 905, 2017 WL 5492211 [2017] ). Contrary to petitioner's assertion, the Hearing Officer's confidential interview with the correction officer who conducted the investigation and authored the misbehavior report was sufficiently detailed to independently assess the reliability of the confidential information (see Matter of Ortiz v. Annucci, 163 A.D.3d 1383, 1384, 80 N.Y.S.3d 746 [2018] ; Matter of Johansel v. Annucci, 155 A.D.3d 1147, 1148, 62 N.Y.S.3d 836 [2017] ). Finally, petitioner's denial of his involvement in the incident presented a credibility issue for the Hearing Officer to resolve (see Matter of Spencer v. Annucci, 179 A.D.3d 1372, 1373, 117 N.Y.S.3d 745 [2020] ; Matter of Jones v. Annucci, 156 A.D.3d 1093, 1094, 65 N.Y.S.3d 480 [2017] ).
Egan Jr., J.P., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.