IN RE: Felipe OLAVE (1998)

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 a prison disciplinary rule.

 While an inmate at Fishkill Correctional Facility in Dutchess County, petitioner was charged in a misbehavior report with violating the prison disciplinary rule that prohibits smuggling or attempted smuggling.   The charges stemmed from an investigation of petitioner's telephone conversations wherein petitioner, petitioner's wife and another individual arranged to have petitioner's wife smuggle drugs into the facility.   The initial disciplinary hearing was administratively reversed and a rehearing ordered.   Following the rehearing, petitioner was found guilty of the charge and, upon administrative review, the determination was affirmed.   Petitioner thereafter commenced this CPLR article 78 proceeding challenging the determination of his guilt.

 We reject petitioner's contention that the determination is not supported by substantial evidence.   Our review of the exceedingly detailed confidential information relayed by the investigating officer provided a sufficient basis to permit the Hearing Officer to make an independent assessment of the confidential informant's veracity and reliability (see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 117, 119, 623 N.Y.S.2d 758, 647 N.E.2d 1266;  Matter of Colon v. Goord, 245 A.D.2d 582, 583-584, 665 N.Y.S.2d 118, 121;  Matter of Butler v. Coughlin, 193 A.D.2d 973, 598 N.Y.S.2d 120, lv. denied 82 N.Y.2d 655, 602 N.Y.S.2d 804, 622 N.E.2d 305).   Notwithstanding the fact that no drugs were discovered when petitioner's wife was searched when she came to visit at the facility, the misbehavior report, together with the confidential information and the testimony presented at the hearing, provide substantial evidence to support the determination that petitioner arranged to have narcotics smuggled into the facility (see, Matter of Wan v. Selsky, 231 A.D.2d 812, 813, 647 N.Y.S.2d 307).   Petitioner's remaining contentions have been reviewed and found to be without merit.

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

WHITE, Justice.

MIKOLL, J.P., and MERCURE, SPAIN and CARPINELLO, JJ., concur.