Opinion
January 13, 2000
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 respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Luis Torres, Comstock, petitioner in person.
Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondents.
Before: CARDONA, P.J., CREW III, SPAIN, CARPINELLO and MUGGLIN, JJ.
MEMORANDUM AND JUDGMENT
Petitioner, an inmate, was charged with and found guilty of a movement violation, refusing a direct order and committing an unhygienic act in violation of prison disciplinary rules.
According to the misbehavior report, upon being released from the shower room petitioner entered a vacant cell and threw an unknown liquid into an adjoining cell, which was occupied by another inmate. Refusing a correction officer's direct order to return to his cell, petitioner then reentered the vacant cell and again threw an unknown liquid into the adjoining cell. Following the determination of guilt and petitioner's unsuccessful administrative appeal therefrom, petitioner commenced this CPLR article 78 proceeding.
We confirm. In our view, the detailed misbehavior report, the confidential information and the remaining evidence presented at the hearing constitute substantial evidence to support the determination of petitioner's guilt (see, Matter of Garcia v. Selsky, 237 A.D.2d 826). Contrary to petitioner's contention, a review of the information provided by the confidential sources reveals sufficient corroborating information upon which the Hearing Officer could base an independent reliability assessment (see, Matter of Luxemburgo v. Selsky, 263 A.D.2d 742, 694 N.Y.S.2d 783). Moreover, the Hearing Officer did not err in refusing to reveal the substance of the confidential information inasmuch as the record demonstrated that doing so would jeopardize institutional safety (see, Matter of Bostic v. Coughlin, 216 A.D.2d 766).
Regarding petitioner's contention that his disciplinary hearing was not properly commenced in accordance with 7 NYCRR 254.6 (a), the record reveals that the hearing appropriately began at least 24 hours after the initial meeting between petitioner and his employee assistant (see, Matter of Hein v. Goord, 249 A.D.2d 661).
Finally, we find no support in the record for petitioner's vague and conclusory allegation that his employee assistant was inadequate (see, Matter of Nance v. Racette, 182 A.D.2d 923, lv denied 80 N.Y.2d 760).
Petitioner's remaining contentions are either unpreserved for our review or without merit.
Cardona, P.J., Crew III, Spain and Carpinello, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.