Sweet v. Poole
Opinion of the Court
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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was seen leaving a letter, promoting a takeover of the facility and threatening harm to the correction officers, on a window sill in a certain corridor of the facility. A search of his cell was thereafter conducted, resulting in the recovery of, among other things, a carbon copy of the subject letter, homemade alcohol and a lock inside a sock with a knot tied at one end. Petitioner was ultimately found guilty following a tier III disciplinary hearing of rioting, demonstration, making threats, alcohol possession and weapon possession. That determination was affirmed on administrative appeal and this CPLR article 78 proceeding ensued.
We confirm. Substantial evidence consisting of the detailed misbehavior report, related documentation and testimony adduced at the hearing, including the confidential information considered by the Hearing Officer in camera, supports the determination of guilt (see Matter of Serrano v Goord, 266 AD2d 661, 661 [1999], lv denied 94 NY2d 762 [2000]). Petitioner’s denial of the allegations and insistence that certain items found in his cell were not his created credibility issues for resolution
Mercure, J.E, Spain, Lahtinen, Malone Jr. and Kavanagh, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.