IN RE: Conrad HINES (2006)

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 a prison disciplinary rule.

Through an investigation, correction officials discovered that petitioner was participating in gang-related activities, which included extorting and threatening another inmate.   As a result, he was charged in a misbehavior report with engaging in unauthorized organizational activities.   Petitioner was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal with a modified penalty.   This CPLR article 78 proceeding ensued.

We confirm.   The misbehavior report and internal memorandum, together with the testimony of the correction sergeant who authored these documents and that of the inmate who implicated petitioner as a gang member, provide substantial evidence supporting the determination of guilt (see Matter of Lamage v. Selsky, 304 A.D.2d 1004, 1005, 760 N.Y.S.2d 561 [2003];  Matter of Santiago v. Goord, 287 A.D.2d 841, 841, 731 N.Y.S.2d 403 [2001] ).   Inasmuch as the accusing inmate was not a confidential informant, the Hearing Officer was not required to undertake an independent in camera assessment of his credibility (compare Matter of Thomassini v. Goord, 13 A.D.3d 954, 787 N.Y.S.2d 443 [2004], appeal dismissed 5 N.Y.3d 848, 806 N.Y.S.2d 167, 840 N.E.2d 136 [2005] ).   Rather, the Hearing Officer could evaluate the inmate's reliability based upon the testimony he gave at the hearing.   Petitioner's remaining contentions are not preserved for our review given his failure to make appropriate objections at the hearing (see Matter of Estrada v. Goord, 26 A.D.3d 564, 807 N.Y.S.2d 727 [2006] ).

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