| Matter of McKethan v Selsky |
| 2008 NY Slip Op 02719 [49 AD3d 1113] |
| March 27, 2008 |
| Appellate Division, Third Department |
| In the Matter of William McKethan, Petitioner, v Donald Selsky, asDirector of Special Housing and Inmate Disciplinary Programs,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 the Commissioner of CorrectionalServices which found petitioner guilty of violating certain prison disciplinary rules.
Having attempted to engage in a physical altercation with another inmate, petitioner wascharged in a misbehavior report with, among other things, creating a disturbance and engaging inviolent conduct. A tier III disciplinary hearing ensued, during which extensive testimony wasgiven by petitioner, three other inmates and two correction officers. At the conclusion of thehearing, petitioner was found guilty of the two charges. That determination was affirmed uponadministrative appeal and petitioner commenced this CPLR article 78 proceeding.
We confirm. Initially, although the hearing transcript contains some inaudible portions, theyare not so significant as to preclude meaningful review (see Matter of Lewis v Goord, 43 AD3d 1223, 1224 [2007]).Turning to the merits, the detailed misbehavior report and the testimony adduced at the hearingcomprise substantial evidence to support the determination of guilt (see Matter of Tafari v Selsky, 45 AD3d1139, 1139 [2007]). Finally, as for petitioner's conclusory claim that he was improperlydenied the right to present photographic evidence, the Hearing Officer property found itirrelevant to the charges (see Matter of Santana v Senkowski, [*2]269 AD2d 638 [2000]).
Cardona, P.J., Peters, Rose, Kane and Malone Jr., JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.