From Casetext: Smarter Legal Research

Rickson v. Leclaire

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 2007
46 A.D.3d 1050 (N.Y. App. Div. 2007)

Opinion

No. 502421.

December 13, 2007.

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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

Ricky Rickson, Hudson, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, J.P., Crew III, Spain, Mugglin and Lahtinen, JJ., concur.


At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of harassment and a temporary release violation. The determination was affirmed on administrative review and this CPLR article 78 proceeding ensued.

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior report and the confidential testimony considered by the Hearing Officer in camera ( see Matter of Shicon v Goord, 27 AD3d 811, 811-812). Petitioner's testimony attempting to explain his conduct created a credibility issue for resolution by the Hearing Officer ( see Matter of Rizzuto v Goord, 36 AD3d 1124, 1124-1125). In addition, contrary to petitioner's assertion, he was not entitled to access to the confidential evidence ( see Matter of Tusa v Goord, 287 AD2d 907, 908, appeal dismissed 98 NY2d 646). Petitioner's remaining contentions, to the extent not specifically addressed herein, have been considered and are rejected.

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


Summaries of

Rickson v. Leclaire

Appellate Division of the Supreme Court of New York, Third Department
Dec 13, 2007
46 A.D.3d 1050 (N.Y. App. Div. 2007)
Case details for

Rickson v. Leclaire

Case Details

Full title:In the Matter of RICKY RICKSON, Petitioner, v. LUCIEN J. LECLAIRE JR., as…

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

Date published: Dec 13, 2007

Citations

46 A.D.3d 1050 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 9842
846 N.Y.S.2d 925

Citing Cases

Umoja v. Bezio

The confiscated letter, misbehavior report and testimony from the authoring correction officers, both of whom…

Morris v. Goord

We confirm. The misbehavior report and the hearing testimony of the correction officer who authored it, along…