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.
After a correction sergeant received confidential information that petitioner had a weapon in his cell, his cell was searched and a broken toothbrush with a sharpened tweezer half taped to the handle was discovered secreted between two boxes underneath petitioner’s bed. As a result, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and possessing contraband. He was found guilty of the charges following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
Peters, P.J., Mercure, Malone Jr., Kavanagh and Egan Jr., JJ., concur. A that the determination is confirmed, without costs, and petition dismissed.
