IN RE: Vance Maxwell (2010)

Submitted-May 20, 2010

DECISION & JUDGMENT

Proceeding pursuant to CPLR article 78 to review a determination of Brian Fischer, as Commissioner of the New York State Department of Correctional Services, dated June 20, 2008, which adopted the recommendation of a hearing officer dated April 23, 2008, made after a Tier III disciplinary hearing, finding the petitioner guilty of the charge of possession of contraband.

ADJUDGED that the determination is confirmed, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

Contrary to the petitioner's contention, the misbehavior report provided substantial evidence to support the hearing officer's determination which found him guilty of possessing contraband in violation of 7 NYCRR 270.2(B)(14)(xiii) (see Matter of Adamson v. Barto, 37 AD3d 597, 598;  see also Matter of Lawrence v. Edwards, 261 A.D.2d 404;  Matter of Nelson v. Coughlin, 209 A.D.2d 621).

The petitioner's remaining contention is without merit.

PRUDENTI, P.J., SKELOS, FLORIO and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court