State of New York Supreme Court, Appellate Division Third Judicial Department
March 17, 2011
IN THE MATTER OF CARLOS RIVERA, PETITIONER,
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 ; Matter of Benston v Fischer, 67 AD3d 1139, 1140 ). 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 ; Matter of Samuel v Fischer, 53 AD3d 960, 960 ). 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.
Robert D. Mayberger Clerk of the Court
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