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In the Matter of JOSE MEDINA, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Ser

Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule that prohibits inmates from urging others to participate in work stoppages. This determination was based, in part, upon confidential information. We reject petitioner's contention that the determination is not supported by substantial evidence. Although the Hearing Officer did not personally interview the confidential sources, there was sufficiently detailed information from which he could independently assess their reliability ( see, Matter of Colon v. Goord, 245 A.D.2d 582, 584). This confidential information, together with the misbehavior report and the hearing testimony, provides substantial evidence to support the determination of guilt. We have examined petitioner's remaining arguments and conclude that they are either unpreserved for our review or lacking in merit.

Mikoll, J. P., Mercure, Crew III, White and Spain, JJ., concur.

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

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MATTER OF MEDINA v. GOORD
(Sep 17, 1998)