IN RE: Victor SOWELL (2007)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Victor SOWELL, Petitioner, v. Donald SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Decided: September 13, 2007

Before: CARDONA, P.J., MERCURE, CARPINELLO, LAHTINEN and KANE, JJ.

Victor Sowell, Pine City, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent.

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner commenced this CPLR article 78 proceeding to challenge a tier III disciplinary determination finding him guilty of impersonation, counterfeiting/forgery and correspondence with a parolee. We now confirm.

Contrary to petitioner's assertion, the determination of guilt is supported by substantial evidence in the form of the misbehavior report, related documentation, hearing testimony and confidential information (see Matter of Morillo v. Goord, 38 A.D.3d 947, 947, 832 N.Y.S.2d 301 [2007]; Matter of Turner v. Goord, 32 A.D.3d 1119, 1120, 821 N.Y.S.2d 309 [2006], lv. denied 8 N.Y.3d 804, 830 N.Y.S.2d 700, 862 N.E.2d 792 [2007] ). We have reviewed each of the remaining contentions advanced by petitioner and find them to be without merit.

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

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