IN RE: Wayne WASHINGTON (2008)

 Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination that he violated inmate rule 105.12 (7 NYCRR 270.2[B][6][iii] ), which prohibits, inter alia, an inmate's possession of unauthorized organizational materials.   Contrary to petitioner's contention, the determination is supported by substantial evidence, i.e., the misbehavior report, and the testimony of both the sergeant who authored the misbehavior report and the correction officer who confiscated the material (see generally Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966, 563 N.Y.S.2d 728, 565 N.E.2d 477;  People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139, 495 N.Y.S.2d 332, 485 N.E.2d 997).   The contention of petitioner that the material had been reviewed by the facility that had transferred him and had been found unobjectionable is supported only by his own testimony at the hearing (cf. Matter of Cody v. Fischer, 46 A.D.3d 1371, 848 N.Y.S.2d 489;  Matter of Morrero v. Coombe, 236 A.D.2d 887, 654 N.Y.S.2d 222), and the Hearing Officer was entitled to discredit that testimony (see generally Foster, 76 N.Y.2d at 966, 563 N.Y.S.2d 728, 565 N.E.2d 477).

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

MEMORANDUM: