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IN THE MATTER OF EARL JONES, PETITIONER, v. FLOYD G. BENNETT, AS SUPERINTENDENT OF ELMIRA CORRECTIONAL FACILITY, RESPONDENT.

MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting harassment. At petitioner's tier III hearing, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the individual who posted a sexually explicit drawing on a facility teacher's classroom window. Contrary to petitioner's contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence of petitioner's guilt (see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 119).

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

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IN THE MATTER OF JONES v. BENNETT
(May 10, 2001)