IN RE: Terry FOGAN (2007)

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 challenges a determination finding him guilty of violating the prison disciplinary rules prohibiting solicitation of services and violation of facility correspondence procedures.   We confirm.   The misbehavior report containing a specific account of the incident written by the investigating correction officer, testimony of the correction officer and the subject letter provide substantial evidence supporting the determination of guilt (see Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966, 563 N.Y.S.2d 728, 565 N.E.2d 477 [1990];  Matter of Goncalves v. Donnelly, 9 A.D.3d 721, 779 N.Y.S.2d 842 [2004] ).

Petitioner's procedural objections are unpersuasive.   The record demonstrates that the hearing was conducted in a fair and impartial manner and the determination did not flow from any alleged bias on the part of the Hearing Officer (see Matter of Cayenne v. Goord, 16 A.D.3d 782, 783-784, 790 N.Y.S.2d 762 [2005] ).   There is no merit to petitioner's claim that his letter was improperly inspected, as all business mail is subject to inspection (7 NYCRR 720.7[d] ).  Contrary to petitioner's contention that the misbehavior report inadequately described the charge, the report provided petitioner with the detail necessary to prepare a defense (see Matter of Smith v. Portuondo, 309 A.D.2d 1028, 766 N.Y.S.2d 154 [2003] ).   Petitioner's remaining claims lack merit.

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