| Matter of Ponder v Fischer |
| 2008 NY Slip Op 06779 [54 AD3d 1094] |
| September 11, 2008 |
| Appellate Division, Third Department |
| In the Matter of Joseph Ponder, Petitioner, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Frank Brady 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, a prison inmate, commenced this CPLR article 78 proceeding challenging a tier IIIdisciplinary determination finding him guilty of fighting, assaulting an inmate and engaging inviolent conduct. Upon review, the misbehavior report, as amplified by the hearing testimonyfrom the correction officer who authored it, provides substantial evidence to support thedetermination of guilt (see Matter ofHarrison v Bertone, 50 AD3d 1352, 1353 [2008]). As for petitioner's assertion that themisbehavior report was deficient, while each of the two incident dates listed therein wasapparently incorrect by one day, the report, as a whole, was sufficiently detailed such thatpetitioner had notice of the charges against him and was able to prepare a meaningful defense (see Matter of Vines v Goord, 19 AD3d951, 953 [2005]; Matter of Carini vSelsky, 19 AD3d 718, 719 [2005]).
Petitioner's remaining contentions, including his claim that the penalty imposed wasexcessive, have been examined and found to be unavailing.
Cardona, P.J., Mercure, Spain, Lahtinen and Kavanagh, JJ., concur. Adjudged that thedetermination is confirmed, without costs, and petition dismissed.