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In re Kasiem

Appellate Division of the Supreme Court of New York, Third Department
Jan 28, 2010
69 A.D.3d 1268 (N.Y. App. Div. 2010)

Opinion

No. 507317.

January 28, 2010.

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Allah Kasiem, Fallsburg, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Spain, Lahtinen, Malone Jr. and Stein, JJ., concur.


Petitioner served as the administrative clerk in the law library in Sullivan Correctional Facility in Sullivan County, where he was incarcerated. After gang-related materials were found in a folder that petitioner submitted to a correction officer for transport to another prisoner, he was served with a misbehavior report charging him with possession of gang material, smuggling and providing false information. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. His administrative appeal was unsuccessful and petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. Contrary to petitioner's contention, the misbehavior report, the testimony of the correction officer who authored the report and the documentary evidence provide substantial evidence to support the determination of guilt ( see Matter of Gloss v Fischer, 65 AD3d 1430, 1431, lv denied 2009 NY Slip Op 91571[U] [2009]; Matter of Pedraza v Fischer, 65 AD3d 1434, 1435).

The remainder of petitioner's contentions have been examined and found to be either unpreserved or without merit.

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


Summaries of

In re Kasiem

Appellate Division of the Supreme Court of New York, Third Department
Jan 28, 2010
69 A.D.3d 1268 (N.Y. App. Div. 2010)
Case details for

In re Kasiem

Case Details

Full title:In the Matter of ALLAH KASIEM, Petitioner, v. NEW YORK STATE DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 28, 2010

Citations

69 A.D.3d 1268 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 616
892 N.Y.S.2d 805

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We confirm. The misbehavior report, together with the testimony of the correction counselor who authored it…