Opinion
Decided December 9, 1999
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Washington County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Russell Prout, Comstock, petitioner in person.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.
BEFORE: CREW III, J.P., SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ.
MEMORANDUM AND JUDGMENT
The detailed misbehavior report and evidence confiscated from petitioner's cell, together with petitioner's admissions at the hearing, provide substantial evidence to support the determination finding him guilty of violating the prison disciplinary rules which prohibit inmates from possessing escape materials, possessing material relevant to creating explosives and contraband (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Notwithstanding petitioner's assertion that the catalogues from which petitioner allegedly obtained the escape material and recipes for the explosives were permitted into the facility, the disciplinary rules nevertheless clearly prohibit such material (see, 7 NYCRR 108.13, 117.10; see, e.g., Matter of Sieteski v. Dibiase, 242 A.D.2d 753). Petitioner's remaining contentions, having not been raised at the disciplinary hearing or on administrative appeal, have not been preserved for our review and we decline to address them (see, Matter of Giraldi v. Selsky, 253 A.D.2d 933).
Crew III, J.P., Spain, Carpinello, Graffeo and Mugglin, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.