| Matter of Winfield v Carpenter |
| 2008 NY Slip Op 04247 [51 AD3d 1167] |
| May 8, 2008 |
| Appellate Division, Third Department |
| In the Matter of Joaquin Winfield, Petitioner, v David A. Carpenter,as Deputy Superintendent of Programs at Great Meadow Correctional Facility, et al.,Respondents. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), forrespondents.
Proceeding pursuant to CPLR 78 (transferred to this Court by order of the Supreme Court,entered in Washington County) to review two determinations which found petitioner guilty ofviolating certain prison disciplinary rules.
Following a tier II disciplinary hearing, petitioner was found guilty of damaging stateproperty. At a separate tier III disciplinary hearing, petitioner was also found guilty of engagingin violent conduct, committing an unhygienic act, refusing a direct order and possessingauthorized property in an unauthorized area. Those determinations were administrativelyaffirmed and this CPLR article 78 proceeding ensued.
We confirm. Petitioner contends that the tier II disciplinary determination is unsupported bysubstantial evidence. Given the misbehavior report, together with the testimony adduced at thehearing, we find petitioner's contention to be without merit (see Matter of Lopez v McGinnis, 21 AD3d 606 [2005]). As forpetitioner's assertion that the tier III disciplinary hearing was untimely completed, petitioner hasmade no showing that he was prejudiced as a result of the one-day delay between the expirationof the first hearing extension and the request for the second hearing extension (see Matter ofEdmonds v Coombe, 239 AD2d 798, 798[*2][1997]).Petitioner's remaining contentions have been examined and found to be unavailing.
Cardona, P.J., Mercure, Carpinello, Rose and Malone Jr., JJ., concur. Adjudged that thedeterminations are confirmed, without costs, and petition dismissed.