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Supreme Court, Appellate Division, Third Department, New York.

IN RE: Edward HUMPHREY, Petitioner, v. Glenn S. GOORD, as Commissioner of Correctional Services, Respondent.

Decided: July 26, 2007

Before:  CARDONA, P.J., MERCURE, SPAIN, MUGGLIN and KANE, JJ. Edward Humphrey, Gouverneur, petitioner pro se. Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent.

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 commenced this CPLR article 78 proceeding challenging a determination which found him guilty of unauthorized exchange.1  We now confirm.   The misbehavior report, documentary evidence, hearing testimony and reasonable inferences to be drawn therefrom comprise substantial evidence to support the determination of guilt (see Matter of Morgan v. Goord, 10 A.D.3d 792, 792, 781 N.Y.S.2d 812 [2004] ).   Petitioner's innocent explanation created a credibility issue that was properly resolved by the Hearing Officer (see Matter of Rizzuto v. Goord, 35 A.D.3d 1075, 1075, 825 N.Y.S.2d 592 [2006] ).   Petitioner's remaining claims, to the extent preserved, have been examined and found to be lacking in merit.2

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


1.   At the conclusion of petitioner's tier III disciplinary hearing, he was also found guilty of urging others to participate in actions detrimental to the order of the facility, but that charge was dismissed on administrative appeal.

2.   We need not address petitioner's contention regarding the propriety of the confidential information inasmuch as the charge herein is sustainable without reliance upon such information.

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