Opinion
519534
2015-05-21
In the Matter of Hasani POMPEY, Petitioner, v. Albert PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Peters, P.J., Lahtinen, Garry and Lynch, JJ., concur.
Hasani Pompey, Pine City, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Before: PETERS, P.J., LAHTINEN, GARRY and LYNCH, JJ.
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 Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.
During the course of an investigation in which confidential information was received, correction officials discovered that petitioner perpetrated an assault upon another inmate, causing him injuries. As a result, he was charged in a misbehavior report with assaulting another inmate and engaging in violent conduct. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. The determination was subsequently reversed upon administrative appeal and a rehearing was ordered. Following the rehearing, petitioner was again found guilty as charged. That determination was affirmed upon administrative appeal, and this CPLR article 78 proceeding ensued.
We confirm. The misbehavior report, rehearing testimony and confidential information considered by the Hearing Officer in camera provide substantial evidence to support the determination of guilt ( see Matter of Lopez v. New York State Dept. of Corr. & Community Supervision, 125 A.D.3d 1032, 1033, 2 N.Y.S.3d 696 [2015]; Matter of McCain v. Fischer, 104 A.D.3d 1009, 1009, 960 N.Y.S.2d 563 [2013] ). Contrary to petitioner's contention, “the Hearing Officer made an independent assessment of the reliability of the confidential information based upon his interview with the correction sergeant, who conducted the investigation” ( Matter of White v. Fischer, 121 A.D.3d 1478, 1479, 994 N.Y.S.2d 467 [2014]; see Matter of Spencer v. Annucci, 122 A.D.3d 1043, 1044, 994 N.Y.S.2d 873 [2014] ). Nor are we persuaded by petitioner's claim that the rehearing was not conducted in a timely manner ( see Matter of Jay v. Fischer, 120 A.D.3d 1466, 1466, 991 N.Y.S.2d 908 [2014], lv. denied24 N.Y.3d 909, 2014 WL 6609030 [2014]; Matter of McFadden v. Prack, 120 A.D.3d 853, 855, 990 N.Y.S.2d 376 [2014], lv. dismissed24 N.Y.3d 930, 993 N.Y.S.2d 542, 17 N.E.3d 1138 [2014], lv. denied24 N.Y.3d 908, 2014 WL 5394013 [2014] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.