Opinion
2014-01-23
In the Matter of Darryl GLOVER, Petitioner, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.
Darryl Glover, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
Darryl Glover, Dannemora, petitioner pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondents.
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 Commissioner of Corrections and Community Supervision which found petitioner guilty of violating a prison disciplinary rule.
Petitioner, a prison inmate, was charged in a misbehavior report with gang activity after an outgoing letter was found to contain gang-related codes and phrases. Following a tier III disciplinary hearing, petitioner was found guilty of that charge and that determination was administratively affirmed. This CPLR article 78 proceeding ensued.
We confirm. Initially we note that, while the petition raised the contention that the determination is not supported by substantial evidence, that issue has been abandoned by petitioner's failure to advance it in his brief ( see Matter of Huggins v. Noeth, 106 A.D.3d 1351, 1352, 965 N.Y.S.2d 667 [2013]; Matter of Maddox v. Fischer, 105 A.D.3d 1230, 1230 n., 962 N.Y.S.2d 821 [2013] ). We reject the argument that the investigator lacked proper authorization for the mail watch that intercepted petitioner's letter, inasmuch as the testimony established that written authorization by the superintendent had been secured ( see Matter of Cochran v. Bezio, 70 A.D.3d 1161, 1162, 897 N.Y.S.2d 527 [2010]; Matter of Jimenez v. Fischer, 56 A.D.3d 924, 925, 867 N.Y.S.2d 561 [2008] ). The remainder of petitioner's arguments are either unpreserved or without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed. PETERS, P.J., LAHTINEN, McCARTHY and EGAN JR., JJ., concur.