Mullen v. Goord

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner was found guilty following a Tier III hearing of violating inmate rules 114.10 (7 NYCRR 270.2 [B] [15] [i] [smuggling]) and 180.10 (7 NYCRR 270.2 [B] [26] [i] [violating facility visiting procedures]). Although the proof is entirely circumstantial, the determination of the Hearing Officer is supported by substantial evidence (see, Matter of Fereira v Coombe, 239 AD2d 905). It is well established that a Hearing Officer may rely on confidential information (see, Matter of Abdur-Raheem v Mann, 85…