Opinion
September 11, 1997
Appeal from the Supreme Court, Ulster County.
The misbehavior report charging petitioner with circumventing procedures by attempting to kite mail and by attempting to obtain free mailing privileges by means of placing a return address which included a name other than his own on an envelope to be mailed, together with petitioner's admissions that the two envelopes admitted in evidence at the disciplinary hearing were in his handwriting, provide substantial evidence supporting the determination of petitioner's guilt ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Petitioner's explanations in defense of the charge simply presented a credibility issue for the Hearing Officer to resolve ( see, Matter of Crandall v. Coughlin, 219 A.D.2d 823). Inasmuch as the record indicates that petitioner was afforded a fair and impartial hearing, we find his contention that the Hearing Officer was biased to be unpersuasive ( see, Matter of Reynoso v. Coombe, 234 A.D.2d 841, lv denied 89 N.Y.2d 810). We reject petitioner's assertion of inadequate assistance, noting that petitioner initially expressed satisfaction with his representation and that he failed to demonstrate any prejudice resulting from the alleged inadequacies ( see, Matter of Parker v. Laundree, 234 A.D.2d 727, 728). Petitioner's remaining contentions have been reviewed and found to be without merit.
"Kiting" is a practice of corresponding with other inmates by circumventing prison rules, usually accomplished by misaddressing an envelope on which there is no postage affixed and by placing the intended inmate's name in the return address space of the envelope, thereby causing the letter to be "returned" to the intended recipient at no cost ( see, Matter of Andrades v. Selsky, 233 A.D.2d 649, n).
Mikoll, J.P., Mercure, White, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.