In the Matter of Matthew Boyle v. Fischer

• Decision Date: 10 November 2011
• Citation: 2011 N.Y. Slip Op. 07897,89 A.D.3d 1268,932 N.Y.S.2d 389
• Parties: In the Matter of Matthew BOYLE, Petitioner,v.Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
• Court: New York Supreme Court — Appellate Division

89 A.D.3d 1268
932 N.Y.S.2d 389
2011 N.Y. Slip Op. 07897

In the Matter of Matthew BOYLE, Petitioner,
v.
Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Supreme Court, Appellate Division, Third Department, New York.

Nov. 10, 2011.

Matthew Boyle, Comstock, petitioner pro se.Eric T. Schneiderman, Attorney General, Albany (Owen W. Demuth 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.

Pursuant to an investigation conducted by the Inspector General's office, petitioner was identified as collaborating with a prison employee to bring marihuana into the facility and was thereafter charged in a misbehavior report with drug possession, smuggling, soliciting and possessing personal employee information. Following a tier III disciplinary hearing, he was found guilty of all charges. That determination was upheld on administrative appeal with a reduced penalty, and petitioner then commenced this CPLR article 78 proceeding.

We confirm. The misbehavior report, testimony of the investigator who prepared it, confidential testimony and confidential documents provide substantial evidence to support the determination of guilt ( see Matter of Montgomery v. Fischer, 84 A.D.3d 1666, 1667, 923 N.Y.S.2d 918 [2011]; Matter of Boggs v. Martuscello, 84 A.D.3d 1667, 1668, 923 N.Y.S.2d 369 [2011] ). Our review of the confidential testimony and documents reveals that there was sufficient proof and corroborating evidence to allow the Hearing Officer to independently assess the confidential informant's credibility ( see Matter of Hill v. Fischer, 69 A.D.3d 1103, 1103, 893 N.Y.S.2d 339 [2010]; Matter of Fareedullah v. Fischer, 64 A.D.3d 1024, 1026, 882 N.Y.S.2d 756 [2009], lv. denied 13 N.Y.3d 713, 893 N.Y.S.2d 841, 921 N.E.2d 609 [2009] ).

We have examined petitioner's remaining contentions and find them to be either unpreserved or without merit.

*390 ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

PETERS, J.P., LAHTINEN, STEIN, GARRY and EGAN JR., JJ., concur.