| Matter of Baxton v Goord |
| 2008 NY Slip Op 04410 [51 AD3d 1230] |
| May 15, 2008 |
| Appellate Division, Third Department |
| In the Matter of James Baxton, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, et al., Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondents.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review a determination of respondent Commissioner ofCorrectional Services which found petitioner guilty of violating certain prison disciplinary rules.
Following a tier III disciplinary hearing, petitioner was found guilty of unauthorizedexchange and possession of an authorized item in an unauthorized area. That determination wasaffirmed upon administrative appeal, prompting petitioner to commence this CPLR article 78proceeding.[FN*]
We confirm. The Hearing Officer did not err in denying petitioner's request to inspect aparticular document, as petitioner failed to explain how that document pertained to his defense(see Matter of Green v Goord, 24AD3d 1141, 1142 [2005]; Matter of Porter v Goord, 298 AD2d 723, 724 [2002]).Petitioner's allegation of hearing officer bias is not preserved and, in any event, is not persuasive(see Matter of Holmes v Brown, 43AD3d 1234, 1235 [2007], lv denied 9 NY3d 815 [2007]; Matter of Torres vCoombe, 234 AD2d 710, 710 [1996]).
Peters, J.P., Rose, Kane, Malone Jr. and Stein, JJ., concur. Adjudged that the determinationis confirmed, without costs, and petition dismissed.
Footnote *: Although the petition raised theissue of substantial evidence and the proceeding was transferred to this Court on that basis,petitioner has abandoned that issue by failing to raise it in his brief (see Matter of Edwards v Artis, 47AD3d 1175, 1176 n [2008]).