Seymour v. GoordSeymour v. Goord
Following a lengthy tier III disciplinary hearing, petitioner was found guilty of assaulting a fellow inmate and making false or misleading statements to a correction officer in violation of prison disciplinary rules prohibiting such conduct. Upon administrative review, respondent reduced the penalty imposed but upheld the finding of guilt. Petitioner thereafter commenced this proceeding pursuant to
Petitioner contends that he was denied his right to receive relevant documentary evidence in that he was provided with a substantially redacted copy of the unusual incident report and he was prejudiced by the failure of his employee assistant to request a less redacted copy. The record contains a more
Petitioner also contends that he was denied his right to call several witnesses (see
Contrary to petitioner‘s contentions, the record does not indicate that the determination of guilt flowed from any alleged hearing officer bias; rather, the determination was based upon substantial evidence adduced at the hearing, including the misbehavior report and the testimony of the reporting officer as well as the testimony of other correction officials on duty at the time of the incident (see Matter of Brown v Cunningham, 17 AD3d 886, 888 [2005], lv denied 5 NY3d 705 [2005]; Matter of Porter v Goord, 7 AD3d 847, 848 [2004]). Additionally, the Hearing Officer properly relied upon the information provided by several confidential sources (see Matter of Berry v Portuondo, 6 AD3d 848, 849 [2004]). Petitioner‘s remaining contentions have been considered and determined to be without merit.
Cardona, P.J., Crew III, Peters and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
SPAIN, J.