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In re Howard

Supreme Court of New York, Third Department

June 20, 2013

In the Matter of STANLEY HOWARD, Petitioner,
v.
ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

Calendar Date: May 6, 2013

Stanley Howard, Stormville, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondents.

Before: Rose, J.P., Stein, Spain and McCarthy, JJ.

MEMORANDUM AND JUDGMENT

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

Petitioner challenges an administrative determination finding him guilty of violating the prison disciplinary rule that prohibits encouraging, soliciting or attempting to force another to engage in any sexual act. Although not detailing the time, place and location of petitioner's conduct, the allegations in the misbehavior report — that he admitted to the author of the misbehavior report that he "manages homosexuals" — were sufficient to apprise petitioner of the charges against him in order to adequately prepare a defense (see Matter of Torres v Coombe, 234 A.D.2d 710 [1996]). Furthermore, the misbehavior report, confidential information and testimony at the hearing provide substantial evidence to support the determination of guilt (see Matter of Gallagher v New York State Dept. of Correctional Servs., 93 A.D.3d 1058 [2012]; Matter of Wilson v Fischer, 58 A.D.3d 997, 998 [2009]. Contrary to petitioner's contention, the testimony of the correction officer regarding the confidential information and the nature of such information itself permitted the Hearing Officer to independently assess its credibility and reliability (see Matter of Flanders v Fischer, 105 A.D.3d 1238, 1239 [2013]; Matter of McCain v Fischer, 104 A.D.3d 1009, 1010 [2013]).

Petitioner's remaining contentions have been reviewed and found to be without merit.

Rose, J.P., Stein, Spain and McCarthy, JJ., concur.

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


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