IN RE: Brian MOOLENAAR (1999)

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 commenced this CPLR article 78 proceeding challenging the administrative determination finding him guilty of violating the prison disciplinary rules which prohibit inmates from possessing money, narcotic paraphernalia and an unauthorized identification card.¹  The matter was subsequently transferred to this court and we confirm.

 Initially, petitioner's plea of guilty to the charge of possession of unauthorized money precludes his challenge to the determination of his guilt on that charge as not supported by substantial evidence (see, Matter of Talbot v. Goord, 257 A.D.2d 954, 683 N.Y.S.2d 442).   As for the remaining charges, the hearing evidence, including the testimony of the correction officer who searched petitioner's cell and found the money in petitioner's boot, 13 small glassine bags in an envelope and an extra identification card in petitioner's mattress, provided substantial evidence of petitioner's guilt (see, Matter of Rodriguez v. Coughlin, 216 A.D.2d 617, 627 N.Y.S.2d 470).   Contrary to petitioner's contention, the Hearing Officer was not required to assess the credibility of the confidential information which prompted the cell search since it was not considered in determining petitioner's guilt (see, Matter of Rivera v. Goord, 258 A.D.2d 793, 685 N.Y.S.2d 861).   Moreover, the fact that the Hearing Officer resolved credibility issues against petitioner was not indicative of bias (see, Matter of Lawrence v. Headley, 257 A.D.2d 837, 685 N.Y.S.2d 118).

 Finally, we reject petitioner's claim that he received inadequate assistance.   Petitioner executed a waiver of assistance form and confirmed the waiver at the commencement of the hearing (see, Matter of Wilkinson v. Coombe, 242 A.D.2d 834, 662 N.Y.S.2d 409).   In any event, the record demonstrates that petitioner was provided with all the relevant and available documents that he requested (see, Matter of Gold v. Masse, 256 A.D.2d 981, 681 N.Y.S.2d 913, lv. denied 93 N.Y.2d 803, 689 N.Y.S.2d 16, 711 N.E.2d 201).

Petitioner's remaining contentions, including his claim that he was denied the right to confront witnesses, have been examined and found to be without merit.

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

FOOTNOTES

1.   Petitioner was also charged with, and found not guilty of, possessing a weapon.

GRAFFEO, J.

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