IN RE: RAHEEM OLIVER (2011)

MEMORANDUM AND ORDER

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered November 8, 2010) to review a determination of respondent.   The determination found after a Tier III hearing that petitioner had violated an inmate rule.

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

Memorandum:  Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a Tier III hearing, that he violated inmate rule 113.10 (7 NYCRR 270.2[B][14][i] [weapon possession] ).   Contrary to petitioner's contention, the determination is supported by substantial evidence.   The misbehavior report, together with the testimony of the correction officer who wrote it and the photographs of the shanks found in a light fixture, constitutes substantial evidence supporting the determination that petitioner violated inmate rule 113.10 (see generally Matter of Foster v Coughlin, 76 N.Y.2d 964, 966;  People ex rel. Vega v. Smith, 66 N.Y.2d 130, 140).

Patricia L. Morgan

Clerk of the Court