At page 1280 Review of disciplinary hearing record and procedural claims12 citing casesProceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of…
- Rivera v. Comm'r of DOCS, 122 A.D.3d 1052 (N.Y. App. Div. 3d Dep't 2014).published The detailed misbehavior reports and documentary evidence provide substantial evidence of petitioner’s guilt (see Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of McKinley v Goord, 40 AD3d 1280, 1280 [2007], lv denied 9 NY3d…
- MatterofRiveravCommissionerofDOCS, No. 518808 (N.Y. App. Div. 3d Dep't Nov. 13, 2014).publishedThe detailed misbehavior reports and documentary evidence provide substantial evidence of petitioner's guilt (see Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of McKinley v Goord, 40 AD3d 1280, 1280 [2007], lv denied 9 NY3d…
- Argentina v. Fischer, 98 A.D.3d 768 (N.Y. App. Div. 3d Dep't 2012).published Any gaps in the hearing transcript are not so significant as to prevent meaningful review (see Matter of McKinley v Goord, 40 AD3d 1280, 1280 [2007], lv denied 9 NY3d 807 [2007]; Matter of Ford v Smith, 23 AD3d 829, 829 [2005], lv denied 6…
- Mentor v. New York State Div. of Parole, 67 A.D.3d 1108 (N.Y. App. Div. 3d Dep't 2009).publishedPetitioner’s remaining contentions, including that he was prejudiced by the failure of the Appeals Unit to decide his administrative appeal within four months (see 9 NYCRR 8006.4 [c]) and that there were gaps in the hearing transcript that…
- Davis v. Fischer, 64 A.D.3d 847 (N.Y. App. Div. 3d Dep't 2009).publishedContrary to petitioner’s claim, our review of the transcripts of the disciplinary hearings indicates that, despite numerous inaudible gaps, meaningful review is not precluded (see Matter of Berry v Goord, 42 AD3d 614, 615 [2007]; Matter of…
- Williams v. Selsky, 50 A.D.3d 1426 (N.Y. App. Div. 3d Dep't 2008).publishedAs for petitioner’s assertion that the Hearing Officer was biased, it is neither substantiated in the record nor is there any indication that the determination at hand flowed from any purported bias (see Matter of McKinley v Goord, 40 AD3d…
- Hoskins v. Fischer, 49 A.D.3d 1009 (N.Y. App. Div. 3d Dep't 2008).publishedThe misbehavior report, the corroborating hearing testimony from the correction officer who authored it, and the hearing testimony from a nurse confirming that petitioner did not have a prescription for the medication in question comprise…
- Sanders v. Goord, 47 A.D.3d 1183 (N.Y. App. Div. 3d Dep't 2008).publishedFinally, petitioner’s claim that the hearing was not timely completed is unavailing inasmuch as the necessary extension was obtained due to the unavailability of petitioner’s requested witness and the hearing was completed prior to the exp…
- Yancey v. Conway, 46 A.D.3d 1042 (N.Y. App. Div. 3d Dep't 2007).publishedAs for petitioner’s assertion that the Hearing Officer was biased, it is neither substantiated by the record nor is there any indication that the determination flowed from any alleged bias (see Matter of McKinley v Goord, 40 AD3d 1280, 128…
- Lewis v. Goord, 43 A.D.3d 1259 (N.Y. App. Div. 2007).publishedPetitioner’s assertion that the Hearing Officer was biased is neither substantiated by the record nor is there any indication that the determination flowed from any alleged bias (see Matter of McKinley v Goord, 40 AD3d 1280, 1280 [2007], I…
v.
Glenn S. Goord, as Commissioner of Correctional Services
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.
Petitioner, a diabetic, was issued a syringe containing insulin for use in his cell by a facility nurse. He began arguing with the nurse, thereby detaining her from dispensing medication to other inmates, and ignored her directive to return the syringe after he used it. As a result, he was charged in a misbehavior report with harassment, possessing unauthorized medication, interfering with an employee and refusing a direct order. At the conclusion of a tier III disciplinary hearing, he was found guilty of all of the charges except for harassment. After the determination was affirmed on administrative appeal, he commenced this CPLR article 78 proceeding.
We confirm. Initially, upon reviewing the record of the disciplinary hearing, we do not find that there are gaps in the transcript which prevent meaningful review (see Matter of Ford v Smith, 23 AD3d 829, 829 [2005], lv denied 6 NY3d 708 [2006]; Matter of Michaelides v Goord, 300 AD2d 718, 719 [2002]). Rather, the misbehavior report, together with the testimony of the nurse and correction officers familiar with the incident, provide substantial evidence supporting the determination of guilt (see Matter of Odom v Selsky, 37 AD3d 923, 924 [2007]; Matter of Davila v Selsky, 29 AD3d 1247, 1248 [2006]). There is no merit to petitioner’s claim that the hearing was not completed in a timely manner as the necessary extensions were obtained and the hearing was actually completed four days prior to the deadline provided for in the last extension (see 7 NYCRR 251-5.1 [b]; Matter of Farrell v Selsky, 32 AD3d 1103, 1104 [2006]; Matter of James v Goord, 28 AD3d 885, 886 [2006]). Likewise, there is no indication that the Hearing Officer was biased or that the determination at issue flowed from any alleged bias (see Matter of Nelson v Goord, 33 AD3d 1135, 1136 [2006]). Petitioner’s remaining contentions have been examined and found to be unpersuasive.
[*1281] Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.