| Matter of Martinez v Goord |
| 2008 NY Slip Op 01048 [48 AD3d 851] |
| February 7, 2008 |
| Appellate Division, Third Department |
| In the Matter of Jose Martinez, 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.
Petitioner, an inmate, was charged in a misbehavior report with violating the prisondisciplinary rule prohibiting illicit drug use. Following the ensuing tier III disciplinary hearing,petitioner was found guilty as charged and ultimately given a penalty of two months and 24 daysin the special housing unit, five months and 24 days loss of privileges and six monthsrecommended loss of good time. This CPLR article 78 proceeding ensued.
We confirm. Initially, we note that the determination of guilt is supported by the requisitesubstantial evidence in the form of the misbehavior report, together with the positive urinalysistest results and related documentation (see Matter of Daniels v Goord, 38 AD3d 1073, 1073 [2007]).Turning to petitioner's claim that the Hearing Officer was biased, there is no indication in therecord that the determination flowed from any purported bias (see Matter of Reid v Goord, 34 AD3d954, 955 [2006]). As for petitioner's challenge to the severity of the penalty imposed, wecannot conclude upon review of the record that it was so shocking to one's sense of fairness as tobe excessive (see Matter of Long vGoord, 32 AD3d 1121, 1122 [2006]). [*2]Petitioner'sremaining contentions are not properly before us.
Cardona, P.J., Mercure, Carpinello, Lahtinen and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.