Palacio v. New York State Department of Correctional Services
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to, this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
We confirm. The misbehavior report, together with petitioner’s admission that he drafted the letter and attempted to send it through the legal mail to a physician at her residence address, constitute substantial evidence supporting the determination of guilt (see Matter of Jackson v Portuondo, 288 AD2d 733, 733-734 [2001]; Matter of Fitzpatrick v Goord, 269 AD2d 643, 644 [2000]). Petitioner’s explanation concerning the personal references in the letter presented a credibility issue for the Hearing Officer to resolve (see Matter of Jackson v Portuondo, 242 AD2d 809, 809 [1997]). His procedural and constitutional claims were unpreserved or lacking in merit (see Matter of Cummings v Goord, 10 AD3d 748, 749 [2004]).
Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
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