| Matter of Chavis v Goord |
| 2007 NY Slip Op 06777 [43 AD3d 1235] |
| September 20, 2007 |
| Appellate Division, Third Department |
| In the Matter of George Chavis, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Martin A. Hotvet of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review a determination of the Superintendent of SouthportCorrectional Facility which found petitioner guilty of violating a prison disciplinary rule.
At the conclusion of a tier II disciplinary hearing, petitioner was found guilty of makingthreats. That determination was affirmed on administrative appeal, prompting petitioner tocommence this CPLR article 78 proceeding.
We confirm. The determination of guilt is supported by substantial evidence in the form ofthe misbehavior report, related documentation and hearing testimony (see Matter of Johnson v Goord, 40AD3d 1335, 1336 [2007]). Furthermore, petitioner's persistent interruptions anduncooperative behavior during the hearing, despite warnings to cease such conduct, served as asufficient basis for his removal from the hearing (see 7 NYCRR 254.6 [a] [2]; Matter of Raqiyb v Goord, 24 AD3d1013, 1013 [2005]). Petitioner's claim of hearing officer bias is unsubstantiated in the recordand, in any event, there is no indication that the determination flowed from any alleged bias (see Matter of Davis v Smith, 32 AD3d1096, 1097 [2006]). We have examined petitioner's remaining contentions and find them tobe without merit.[*2]
Cardona, P.J., Crew III, Carpinello, Mugglin and Kane,JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.