| Matter of Shankle v Goord |
| 2007 NY Slip Op 08813 [45 AD3d 1084] |
| November 15, 2007 |
| Appellate Division, Third Department |
| In the Matter of William Shankle, 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 Albany County) to review a determination of respondent which found petitionerguilty of violating certain prison disciplinary rules.
As a result of a physical altercation involving petitioner and two correction officers,petitioner was charged in a misbehavior report with engaging in violent conduct, assaulting staffand refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guiltyof all charges. On administrative appeal, the determination was affirmed with a modified penaltyof 15 months in the special housing unit and a corresponding loss of privileges, as well as arecommended loss of good time. This CPLR article 78 proceeding ensued.
We confirm. Contrary to petitioner's assertion, the misbehavior report and testimony at thehearing, together with the related documentation and photographs, provide substantial evidenceto support the determination of guilt (seeMatter of Johnson v Goord, 40 AD3d 1335, 1336 [2007]). Petitioner's remainingcontentions, including his claims that the gaps in the hearing transcript preclude meaningfulappellate review and the modified penalty was excessive, have been examined and found to beunavailing.
Cardona, P.J., Peters, Carpinello, Mugglin and Rose, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.