IN RE: Shalonda SUTTLES (2019)

MEMORANDUM AND JUDGMENT

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 Corrections and Community Supervision suspending petitioner's prison facility visitation privileges.

During the course of an investigation, correction officials determined that petitioner and her husband, a prison inmate, were conspiring to bring contraband into a correctional facility.  As a result, respondent Superintendent of Elmira Correctional Facility suspended petitioner's visitation privileges indefinitely.  Upon petitioner's written appeal, her suspension was affirmed, but it was limited to two years.  Petitioner then commenced this CPLR article 78 proceeding challenging the suspension.

We confirm.  Initially, the determination that a preponderance of the evidence showed that petitioner conspired to introduce contraband into the facility (see 7 NYCRR 201.4[b][2][ii][b];  [c][1][iv] ) is supported by substantial evidence in the record and will not be disturbed (see Matter of Fleming v. Coughlin, 222 A.D.2d 835, 836, 634 N.Y.S.2d 890 [1995] ).  Petitioner's claims that her constitutional rights were violated are without merit.  We note that “inmate visitation is not a liberty interest entitled to the protection of either the federal or state constitutions” (Matter of Encarnacion v. Goord, 8 A.D.3d 850, 852, 778 N.Y.S.2d 562 [2004];  see Matter of Mineo v. Fischer, 57 A.D.3d 1033, 1034, 868 N.Y.S.2d 402 [2008];  Matter of Victory v. Coughlin, 165 A.D.2d 402, 404–405, 568 N.Y.S.2d 186 [1991] ).  Moreover, the record reflects that petitioner was advised in writing by the Superintendent at the time the indefinite suspension was imposed that she could either file a written appeal of the suspension or request a hearing, at which she would be provided an opportunity to present evidence and call witnesses (see 7 NYCRR 201.4[c][1][ii];  201.5).  Petitioner opted to file a written appeal and cannot now complain of the lack of an opportunity to be heard.

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

Lynch, J.

Garry, P.J., Mulvey and Devine, JJ., concur.