Opinion
No. 503901.
July 24, 2008.
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 a prison disciplinary rule.
Jorge Lebron, Attica, petitioner pro se.
Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Cardona, P.J., Carpinello, Rose, Lahtinen and Stein, JJ., concur.
Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating facility correspondence regulations. We now confirm.
The misbehavior report and confiscated mail, which demonstrate that petitioner's wife sent a letter and photograph on his behalf to an inmate at another facility, comprise substantial evidence to support the determination of guilt ( see Matter of Belot v Selsky, 47 AD3d 1149, 1149). To the extent that petitioner asserted that his wife sent the mail without his direction, a credibility issue was created for resolution by the Hearing Officer ( see Matter of Vigliotti v Selsky, 45 AD3d 946, 946-947, lv denied 10 NY3d 702). Regarding petitioner's claim that the misbehavior report was deficient, although it did reference the incorrect subsections of the facility directive in question, it was sufficient as a whole to apprise petitioner of the charge against him and afford him the opportunity to prepare a defense ( see Matter of Ross v Selsky, 49 AD3d 1065, 1065).
Adjudged that the determination is confirmed, without costs, and petition dismissed.