Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In the Matter of Carlos Rivera v. Dale Artus

State of New York Supreme Court, Appellate Division Third Judicial Department


March 17, 2011

IN THE MATTER OF CARLOS RIVERA, PETITIONER,
v.
DALE ARTUS, AS SUPERINTENDENT OF CLINTON CORRECTIONAL FACILITY, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: February 2, 2011

Before: Mercure, J.P., Rose, Garry and Egan Jr., JJ.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

As the result of an investigation, petitioner was charged in a misbehavior report with stalking a female staff member. He was found guilty of the charge at the conclusion of a tier III disciplinary hearing and the determination was later affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Contrary to petitioner's claim, the confidential portion of the hearing transcript reveals that the Hearing Officer adequately verified the reliability of the information provided by the confidential source through his questioning of the correction officer who received this information (see Matter of Butler v Fischer, 74 AD3d 1651, 1652 [2010]; Matter of Benston v Fischer, 67 AD3d 1139, 1140 [2009]). This confidential information, together with the misbehavior report and hearing testimony, provide substantial evidence supporting the determination of guilt (see Matter of Britt v Fischer, 54 AD3d 1087, 1087 [2008]; Matter of Samuel v Fischer, 53 AD3d 960, 960 [2008]). Therefore, we find no reason to disturb the determination of guilt.

Mercure, J.P., Rose, Garry and Egan Jr., JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20110317

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.