IN RE: Kevin FITZPATRICK (2000)

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 certain prison disciplinary rules.

 Petitioner, serving a 60-month penalty for an escape, was found guilty of violating prison disciplinary rules prohibiting attempted smuggling, violation of facility correspondence procedures and an attempt or conspiracy to escape.   The charges stemmed from a letter petitioner allegedly wrote to an acquaintance asking her to supply him with a handcuff key, a hacksaw blade and a rubber stamp marked “legal materials”.   We conclude that the misbehavior report based upon the letter and petitioner's own admission to authoring it provide substantial evidence to support the determination of petitioner's guilt (see, Matter of Monko v. Selsky, 244 A.D.2d 718, 664 N.Y.S.2d 644, lv. denied 91 N.Y.2d 807, 669 N.Y.S.2d 260, 692 N.E.2d 129).   In view of petitioner's previous attempt to escape and his request for a handcuff key and hacksaw blade, there was sufficient evidence to support a finding that he “intend[ed] to utilize the item[s] in an attempt to escape” (Matter of Rabi v. Le Fevre, 120 A.D.2d 875, 877, 502 N.Y.S.2d 546;  see, Matter of Alvarado v. Goord, 252 A.D.2d 650, 675 N.Y.S.2d 220).

 Further, nothing in the record supports petitioner's contention that the Hearing Officer was biased or that the outcome of the hearing flowed from such alleged bias (see, Matter of Monge v. Goord, 251 A.D.2d 804, 674 N.Y.S.2d 792;  Matter of Applegate v. Coombe, 237 A.D.2d 836, 656 N.Y.S.2d 949, lv. denied 90 N.Y.2d 803, 661 N.Y.S.2d 179, 683 N.E.2d 1053).   Petitioner's remaining arguments have been considered and found to be without merit.

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

MEMORANDUM DECISION.