Matter of Salahuddin v Goord
2008 NY Slip Op 02712 [49 AD3d 1107]
March 27, 2008
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Abdullah Y. Salahuddin, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[*1] Abdullah Y. Salahuddin, Auburn, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Walsh of counsel), for respondent.

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 which found petitioner guilty of violating certain prison disciplinary rules.

Following a tier III disciplinary hearing, petitioner was found guilty of possession of contraband, unauthorized possession of facility documents and unauthorized possession of grievance and disciplinary documents pertaining to other inmates. This determination was affirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

Substantial evidence, consisting of two misbehavior reports and the testimony adduced at the hearing, supports the determination of guilt (see Matter of Martin v Goord, 46 AD3d 1294, 1295 [2007]; Matter of Frejomil v LaClair, 46 AD3d 1061, 1061 [2007]). Petitioner's assertion that he had authorization[FN*] to possess the multiple items in question created a credibility issue for [*2]the Hearing Officer to resolve, as did his claim that the misbehavior reports were issued in retaliation for grievances he filed (see Matter of Johnson v Goord, 46 AD3d 1038 [2007]; Matter of Lashley v Lindsay, 45 AD3d 1073, 1073 [2007]).

To the extent that they were preserved, petitioner's remaining contentions, including his claims of procedural error, have been considered and determined to be without merit.

Cardona, P.J., Peters, Carpinello, Lahtinen and Malone Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Footnotes


Footnote *: Petitioner did produce a local permit authorizing his possession of a Sony Walkman.