| Matter of Liner v Fischer |
| 2008 NY Slip Op 09318 [56 AD3d 1088] |
| November 26, 2008 |
| Appellate Division, Third Department |
| In the Matter of Joshua Liner, Appellant, v Brian Fischer, asCommissioner of Correctional Services, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Rajit S. Dosanjh of counsel), forrespondent.
Appeal from a judgment of the Supreme Court (Lynch, J.), entered January 17, 2008 inAlbany County, which dismissed petitioner's application, in a proceeding pursuant to CPLRarticle 78, to review a determination of respondent finding petitioner guilty of violating a prisondisciplinary rule.
After a search of petitioner's prison cell recovered a sharpened nail, he was charged in amisbehavior report with possession of a weapon. A tier III disciplinary hearing ensued, at theconclusion of which petitioner was found guilty as charged. That determination wasadministratively affirmed, prompting petitioner to commence this CPLR article 78 proceeding.Following joinder of issue, Supreme Court dismissed the petition. Petitioner now appeals.
We affirm. Regarding petitioner's assertion that he was denied the employee assistance towhich he was entitled, he has failed to demonstrate that he suffered any prejudice as a result ofthe purported inadequacies (see Matterof Burgess v Selsky, 50 AD3d 1347, 1348 [2008]). As for petitioner's claim that theHearing Officer was biased, it is neither substantiated by the record nor is there any indicationthat the underlying determination of guilt flowed from any alleged bias (see Matter of Purcell v McKoy, 54AD3d 1113, 1114 [2008]).
To the extent preserved, petitioner's remaining contentions have been examined and found tobe unavailing.[*2]
Cardona, P.J., Mercure, Carpinello, Rose and Malone Jr.,JJ., concur. Ordered that the judgment is affirmed, without costs.