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.