Opinion
February 5, 1998
Petitioner was found guilty of violating a prison disciplinary rule prohibiting inmates from assaulting one another after confidential sources positively identified him as the person responsible for cutting another inmate. Based upon our review of the record, including the transcript of the confidential tapes, we find that the misbehavior report and the testimony of the confidential informants, which was found by the Hearing Officer to be credible and reliable, constituted substantial evidence supporting the determination (see, Matter of Torres v. Goord, 242 A.D.2d 800). Contrary to petitioner's contention, the confidential portion of the record contains objective proof from which the Hearing Officer could make his independent finding that the information relayed by the informants was reliable (see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 119). We have considered petitioner's remaining contention regarding the sufficiency of the misbehavior report and find it to be without merit.
Cardona, P.J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur.
Adjudged that the determination is confirmed, without costs, and petition dismissed.