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In the Matter of VICTOR RIVERA, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit, et al., Respondents.

MEMORANDUM AND JUDGMENT

Following a tier III rehearing, petitioner, a prison inmate, was found guilty of assault and violent conduct. Contrary to petitioner's contention, the misbehavior report, together with the information supplied by a confidential informant and the testimony from the correction officer who authored the misbehavior report, provide substantial evidence supporting the determination of petitioner's guilt (see, Matter of Knight v. Goord, ___ A.D.2d ___, 698 N.Y.S.2d 922, lv denied ___ N.Y.2d ___ [Feb. 22, 2000]). We note that our in camera review of the transcript of the confidential testimony confirms that the Hearing Officer properly found it to be reliable and credible (see, id.; Matter of Rosario v. Goord, 255 A.D.2d 851). There is no support in the record for petitioner's remaining claims of procedural violations and Hearing Officer bias.

Mercure, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur.

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

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MATTER OF RIVERA v. SELSKY
(May 11, 2000)