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In the Matter of Bruce Maddox v. Brian Fischer

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


April 18, 2013

IN THE MATTER OF BRUCE MADDOX, PETITIONER,
v.
BRIAN FISCHER, AS COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT.

MEMORANDUM AND JUDGMENT

Calendar Date: February 25, 2013

Before: Rose, J.P., Lahtinen, McCarthy and Garry, 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 respondent which found petitioner guilty of violating certain prison disciplinary rules.

After food was discovered hidden among cardboard that petitioner had removed from the commissary, he was charged in a misbehavior report with violating the prison disciplinary rules prohibiting smuggling, theft of state property, and the possession of both contraband and stolen property. Following a tier III disciplinary hearing, he was found guilty as charged. Petitioner's administrative appeal was unsuccessful, and this CPLR article 78 proceeding ensued.*fn1

Petitioner first argues that the Hearing Officer was unable to properly assess the credibility of a confidential informant, but the Hearing Officer personally interviewed the informant and was fully capable of doing so (see Matter of Bonnemere v Fischer, 100 AD3d 1174, 1175 [2012]). Next, legitimate considerations of institutional safety further justified the denial of his request to review various confidential evidence (see Matter of Torres v Goord, 261 AD2d 759, 759-760 [1999]). Petitioner's remaining contention is unpreserved for our review and, in any event, is without merit.

Rose, J.P., Lahtinen, McCarthy and Garry, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court


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