| Matter of Adams v Goord |
| 2007 NY Slip Op 08152 [45 AD3d 940] |
| November 1, 2007 |
| Appellate Division, Third Department |
| In the Matter of Lamont Adams, Petitioner, v Glenn S. Goord, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), forrespondent.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the SupremeCourt, entered in Chemung County) to review two determinations which found petitioner guiltyof violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinarydetermination finding him guilty of harassment and a tier II disciplinary determination findinghim guilty of refusing a direct order and violating movement regulations.
With respect to the tier III determination, the Attorney General has advised this Court that thedetermination has been administratively reversed and all references thereto have been expungedfrom petitioner's institutional record. Given that petitioner has been afforded all the relief towhich he is entitled and is no longer aggrieved, the petition, insofar as it challenges the tier IIIdetermination, is dismissed as moot (seeMatter of Britt v Goord, 42 AD3d 775, 776 [2007]).[*2]
Turning to the tier II determination, the misbehaviorreport authored by the correction officer involved in the incident is sufficient, by itself, toconstitute substantial evidence in support of the determination of guilt (see Matter of Encarnacion v Goord, 28AD3d 848, 849 [2006], lv denied 6 NY3d 712 [2006]). To the extent preserved,petitioner's remaining contentions, including his claims that he was improperly denied employeeassistance and the right to call a witness, have been examined and found to be without merit.
Crew III, J.P., Carpinello, Mugglin, Lahtinen and Kane, JJ., concur. Adjudged that thepetition, to the extent that it challenges the tier III determination, is dismissed, as moot, withoutcosts. Adjudged that the tier II determination is confirmed, without costs, and petition, to theextent that it challenges that determination, dismissed.