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Matter of Rivera v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 708 (N.Y. App. Div. 2000)

Opinion

May 11, 2000.

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Victor Rivera, Comstock, petitioner in person.

Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondents.

Before: Mercure, J.P., Peters, Spain, Carpinello and Mugglin, JJ.


MEMORANDUM AND JUDGMENT

Following a tier III rehearing, petitioner, a prison inmate, was found guilty of assault and violent conduct. Contrary to petitioner's contention, the misbehavior report, together with the information supplied by a confidential informant and the testimony from the correction officer who authored the misbehavior report, provide substantial evidence supporting the determination of petitioner's guilt (see, Matter of Knight v. Goord, ___ A.D.2d ___, 698 N.Y.S.2d 922, lv denied ___ N.Y.2d ___ [Feb. 22, 2000]). We note that our in camera review of the transcript of the confidential testimony confirms that the Hearing Officer properly found it to be reliable and credible (see, id.; Matter of Rosario v. Goord, 255 A.D.2d 851). There is no support in the record for petitioner's remaining claims of procedural violations and Hearing Officer bias.

Mercure, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Matter of Rivera v. Selsky

Appellate Division of the Supreme Court of New York, Third Department
May 11, 2000
272 A.D.2d 708 (N.Y. App. Div. 2000)
Case details for

Matter of Rivera v. Selsky

Case Details

Full title:In the Matter of VICTOR RIVERA, Petitioner, v. DONALD SELSKY, as Director…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 11, 2000

Citations

272 A.D.2d 708 (N.Y. App. Div. 2000)
708 N.Y.S.2d 646

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