IN RE: Michael J. WILLACY (2009)

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.

Following an investigation which indicated that petitioner had extorted money from other prison inmates, petitioner was charged in a misbehavior report with violating prison disciplinary rules prohibiting extortion and making threats.   At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of both charges.   This determination was affirmed on administrative appeal, prompting petitioner to commence this CPLR article 78 proceeding.

 We confirm.   Initially, we reject petitioner's contention that the misbehavior report was invalid due to its failure to provide specific dates, times and the names of the other inmates involved.   Inasmuch as the misbehavior report was the result of an ongoing investigation and based upon confidential information, the lack of specific dates and times, as well as the withholding of the names of the other inmates involved, was acceptable (see Matter of Blackwell v. Goord, 12 A.D.3d 816, 817, 784 N.Y.S.2d 244 [2004];  Matter of Watkins v. Goord, 307 A.D.2d 503, 504, 761 N.Y.S.2d 560 [2003], appeal dismissed and lv. denied 1 N.Y.3d 532, 775 N.Y.S.2d 231, 807 N.E.2d 280 [2003] ).   Moreover, the misbehavior report, as well as the confidential testimony and information considered by the Hearing Officer in camera, provide substantial evidence in support of petitioner's guilt (see Matter of Arnold v. Fischer, 60 A.D.3d 1177, 1177, 875 N.Y.S.2d 318 [2009];  Matter of Gallo v. Fischer, 50 A.D.3d 1374, 1374, 854 N.Y.S.2d 829 [2008] ).   Contrary to petitioner's contention, the Hearing Officer undertook a thorough and independent assessment of the credibility of the confidential informants through personal interviews with them (see Matter of Sessoms v. Commissioner of Correctional Servs., 63 A.D.3d 1400, 1400, 880 N.Y.S.2d 580 [2009] ) and the correction officer to whom the information was provided (see Matter of Staton v. Goord, 41 A.D.3d 1105, 1106, 839 N.Y.S.2d 820 [2007] ).   Finally, our review of the hearing transcript reveals that, although it does contain intermittent gaps, the gaps do not prevent meaningful judicial review (see Matter of Quinney v. Selsky, 18 A.D.3d 1082, 1083, 795 N.Y.S.2d 476 [2005] ).   Petitioner's remaining claims are either unpreserved for our review or without merit.

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