IN RE: Jameel WILLIAMS (2008)

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.

Following a tier III disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting illicit drug use.   That determination was affirmed upon administrative appeal, although the penalty imposed was reduced.   This CPLR article 78 proceeding ensued.

We confirm.   The misbehavior report, the hearing testimony and the urinalysis test report, together with the related documentation, provide substantial evidence to support the determination of guilt (see Matter of Lopez v. Goord, 49 A.D.3d 1044, 1045, 853 N.Y.S.2d 706 [2008];  Matter of Allred v. Goord, 48 A.D.3d 847, 848, 850 N.Y.S.2d 704 [2008] ).   Contrary to petitioner's contention, he was provided with access to all of the available documentation that he requested (see Matter of Lebron v. Artus, 48 A.D.3d 993, 995, 852 N.Y.S.2d 451 [2008];  Matter of Smith v. Goord, 45 A.D.3d 1119, 1120, 844 N.Y.S.2d 919 [2007] ).   There is no support in the record for petitioner's claim that the Hearing Officer was biased, nor is there an indication that the determination of guilt flowed from any alleged bias (see Matter of Williams v. Selsky, 50 A.D.3d 1426, 1426-27, 856 N.Y.S.2d 698, 699 [2008];  Matter of Freeman v. Leclaire, 50 A.D.3d 1329, 854 N.Y.S.2d 820, 821 [2008] ).   To the extent preserved, petitioner's remaining contentions have been reviewed and found to be without merit.

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