Opinion
No. 500073.
August 2, 2007.
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.
Mahmud Khabir Al-Matin, Attica, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Before: Crew III, J.P., Peters, Carpinello, Mugglin and Rose, JJ., concur.
Petitioner challenges a determination finding him guilty of possession of a weapon, a violation of prison disciplinary rules. We confirm. The misbehavior report with a specific account of the incident and testimony by the correction officer who searched petitioner's cell and discovered the weapon, a shank, provide substantial evidence supporting the determination of guilt ( see Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Binns v Goord, 12 AD3d 1006, 1007). Petitioner's exculpatory statements presented a credibility issue for the Hearing Officer to resolve ( see Matter of Miller v New York State Dept. of Correctional Servs., 295 AD2d 714, 714-715). Contrary to petitioner's suggestion, the record demonstrates that the hearing was conducted in a fair and impartial manner and the determination did not flow from any bias on the part of the Hearing Officer ( see Matter of Cayenne v Goord, 16 AD3d 782, 783-784).
Adjudged that the determination is confirmed, without costs, and petition dismissed.