IN RE: Keith H. ERNEST (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 Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Following a search of petitioner's cell, which disclosed a box of materials published by or relating to various white supremacist groups, including the Ku Klux Klan, White Pride and the Aryan Nation, petitioner was charged with and found guilty of violating the prison disciplinary rule that prohibits, inter alia, the possession, distribution or use of unauthorized organizational insignia or materials (see, 7 NYCRR 270.2[B][6][iii] ).   Petitioner's subsequent administrative appeal proved unsuccessful, prompting him to commence this proceeding pursuant to CPLR article 78 contending, inter alia, that the underlying determination is not supported by substantial evidence.

Petitioner admittedly possessed literature from a variety of white supremacist groups, including the documents contained in the record, which discuss recruitment efforts and set forth the goals for the Aryan movement.   In our view, petitioner's own testimony, coupled with the documentary evidence contained in the record, is sufficient to sustain the finding of guilt.   Petitioner's remaining contentions, including his assertion that respondents have violated his rights under the 1st Amendment of the U.S. Constitution, are either unpreserved for our review or have been examined and found to be lacking in merit.

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

CREW III, J.

MIKOLL, J.P., PETERS, SPAIN and GRAFFEO, JJ., concur.