Opinion
April 17, 1995
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the determination of the Commissioner of the New York Department of Correctional Services dated November 27, 1992, is confirmed, and the proceeding is dismissed, on the merits.
The petitioner was charged in an Inmate Misbehavior Report with possessing a weapon, i.e., a knife, in violation of prison rules. The charge was based upon information supplied by a confidential informant. After a Tier III Superintendent's hearing, the Hearing Officer found the petitioner guilty of the charge, and the Commissioner of the New York Department of Correctional Services, in a determination dated November 27, 1992, affirmed that decision. The Supreme Court annulled the determination. We disagree.
The record indicates that a Hearing Officer personally interviewed the confidential informant, and the record establishes that the informant's testimony was sufficiently detailed to allow the Hearing Officer to assess his credibility and to form a basis for the finding of guilt (see, Matter of Summerville v Coughlin, 199 A.D.2d 867; Matter of Martin v Coughlin, 173 A.D.2d 1039; Matter of McClean v LeFevre, 142 A.D.2d 911; see also, Matter of Abdur-Raheem v Mann, 85 N.Y.2d 113).
Accordingly, the determination is confirmed. Bracken, J.P., Pizzuto, Hart and Krausman, JJ., concur.