Opinion
532719
12-16-2021
In the Matter of Echo Westley DIXON, Appellant, v. J. RICH, as Superintendent of Elmira Correctional Facility, Respondent.
Echo Westley Dixon, Marcy, appellant pro se. Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Echo Westley Dixon, Marcy, appellant pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Rich Jr., J.), entered November 19, 2020 in Chemung County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of violating multiple prison disciplinary rules. Following joinder of issue, Supreme Court determined that petitioner's challenges to the disciplinary determination – including that he received inadequate employee assistance, was denied the right to call a witness, that the Hearing Officer was biased and that the charges were in retaliation for various complaints against a correction officer – to be without merit and dismissed the petition. Petitioner appeals.
Petitioner contends that the disciplinary hearing "failed to comply with rules, directives, regulations, statutes and constitutional provisions" and that Supreme Court's "failure to consider these mandatory rules, directives, regulations, statutes and constitutional provisions further exacerbated the due process violation." Petitioner's contention, however, lacks any specific fact or reference to any specific law or rule to support his conclusory assertion. The brief is devoid of "a concise statement of the nature of the case and of the facts which should be known to determine the questions involved" as required by CPLR 5528(a)(3). As such, the argument that petitioner attempts to advance is indecipherable and "escape[s] any meaningful appellate review" ( Matter of Brown v. Fischer, 120 A.D.3d 1517, 1518, 992 N.Y.S.2d 463 [2014] ; accord Matter of Rizzuto v. Goord, 35 A.D.3d 1075, 1076, 825 N.Y.S.2d 592 [2006] ). Petitioner's attempt to remedy that deficiency in his reply brief is unavailing, "as issues raised by an appealing party for the first time in his or her reply brief are not properly before us" ( Matter of Sarah KK. v. Roderick LL., 183 A.D.3d 943, 944, 123 N.Y.S.3d 717 [2020], lv denied 35 N.Y.3d 911, 2020 WL 5047690 [2020] ; see Garlasco v. Smith, 250 App.Div. 534, 537, 294 N.Y.S. 772 [1937], affd 276 N.Y. 666, 13 N.E.2d 53 [1938] ).
Garry, P.J., Egan Jr., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.
ORDERED that the judgment is affirmed, without costs.