| Matter of Lewis v Goord |
| 2007 NY Slip Op 06603 [43 AD3d 1223] |
| September 13, 2007 |
| Appellate Division, Third Department |
| In the Matter of Marc Lewis, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff 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 found petitionerguilty of violating certain prison disciplinary rules.
At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of refusing adirect order, refusing frisk procedures and violent conduct. Following affirmance onadministrative appeal, petitioner commenced this CPLR article 78 proceeding challenging thedetermination of guilt.
We confirm. The misbehavior report and hearing testimony constitute substantial evidence ofpetitioner's guilt (see Matter of Odom vSelsky, 37 AD3d 923, 924 [2007]). Contrary to petitioner's assertion, nothing in therecord demonstrates that the Hearing Officer was biased or that the determination flowed fromany alleged bias (see Matter of Nieves vGoord, 39 AD3d 1104, 1105 [2007]). As for the deficiencies in the hearing transcript,they are not so significant as to prevent meaningful judicial review (see Matter of Frazier v Artus, 40 AD3d1288, 1289 [2007]). To the extent preserved, petitioner's remaining contentions have beenconsidered and found to be unavailing.
Cardona, P.J., Mercure, Carpinello, Rose and Lahtinen, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.