| Matter of Williams v Fischer |
| 2010 NY Slip Op 04303 [73 AD3d 1364] |
| May 20, 2010 |
| Appellate Division, Third Department |
| In the Matter of Jameel Williams, Petitioner, v BrianFischer, as Commissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Albany County) to review a determination of respondent which foundpetitioner guilty of violating a prison disciplinary rule.
After petitioner's urine sample twice tested positive for cannabinoids, he was charged in amisbehavior report with using a controlled substance. After a tier III disciplinary hearing, he wasfound guilty as charged. Petitioner's administrative appeal modified the penalty imposed butotherwise affirmed, and this CPLR article 78 proceeding ensued.[FN*]
We now confirm. Contrary to petitioner's claim, any inadequately rendered employeeassistance provided to him was cured by virtue of the fact that he ultimately obtained allrequested documents and had an opportunity to review them (see Matter of Davis v Prack, 63 AD3d 1457, 1458 [2009]; Matter of Parkinson v Selsky, 49AD3d 985, 986 [2008]). Nor was petitioner denied the right to obtain additional documentsat the hearing, as he was provided with [*2]those documents andhad ample time to familiarize himself with them (see Matter of Anderson v Fischer, 63 AD3d 1462, 1463 [2009]; Matter of Harrison v Fischer, 56 AD3d917, 917-918 [2008]). The record also reflects that the Hearing Officer appropriately deniedpetitioner's request that another inmate testify, as that testimony was sought solely to explainwhat occurred at a disciplinary hearing involving the other inmate and was accordinglyirrelevant (see Matter of Lozada vCook, 67 AD3d 1232, 1233 [2009], lv denied 14 NY3d 706 [2010]; Matter of Alexander v Goord, 3 AD3d638, 638 [2004]). Finally, the record is devoid of proof that the Hearing Officer was biasedor that his determination flowed from any alleged bias (see Matter of Lozada v Cook, 67AD3d at 1233; Matter of Peralta vFischer, 63 AD3d 1399, 1399 [2009]). Petitioner's remaining contentions are meritless.
Cardona, P.J., Spain, Rose, Kavanagh and Egan Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.
Footnote *: Petitioner has abandoned hisclaim that the determination was unsupported by substantial evidence in the record due to hisfailure to raise it in his brief (see Matterof Austin v Fischer, 70 AD3d 1074, 1074 n [2010]).