From Casetext: Smarter Legal Research

In re Bridgeforth

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1068 (N.Y. App. Div. 2010)

Opinion

No. 506862.

January 14, 2010.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Otis Bridgeforth, Malone, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Mercure, Rose, Lahtinen and Kavanagh, JJ., concur.


Petitioner, an inmate, informed a correction officer that his cellmate had just threatened him with a razor tied to a rope. The correction officer then frisked petitioner's cellmate, but found no razor on him, and a search of the cell revealed that the cellmate's razor, with the blades intact, was in his shower bag. Petitioner was charged in a misbehavior report with lying and refusing a double bunk assignment. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. Upon administrative appeal, respondent modified the determination by dismissing the refusing a double bunk assignment charge and reduced the penalty imposed, but otherwise affirmed the determination. This CPLR article 78 proceeding ensued.

We confirm. The misbehavior report, together with the testimony of its author, provide substantial evidence supporting the determination of guilt ( see Matter of Sanders v Goord, 47 AD3d 987, 988). Contrary to petitioner's contention, there is no support in the record for his allegations that the Hearing Officer was biased or had predetermined his guilt, nor is there any indication that the determination flowed from such alleged bias ( see Matter of Abdullah v Goord, 36 AD3d 978, 979). Moreover, the Hearing Officer properly considered petitioner's mental health status by taking the confidential testimony of a representative from the mental health unit ( see Matter of Triplett v Fischer, 54 AD3d 1075, 1076). Petitioner's remaining contentions, including that the Hearing Officer was not appropriately designated to conduct the hearing, are unpreserved for our review.

Adjudged that the determination is confirmed, without costs, and petition dismissed.


Summaries of

In re Bridgeforth

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 2010
69 A.D.3d 1068 (N.Y. App. Div. 2010)
Case details for

In re Bridgeforth

Case Details

Full title:In the Matter of OTIS BRIDGEFORTH, Petitioner, v. BRIAN FISCHER, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 2010

Citations

69 A.D.3d 1068 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 326
891 N.Y.S.2d 671

Citing Cases

Harris v. Deputy Superintendent

We confirm. The misbehavior report and testimony of the sergeant who authored it provide substantial evidence…

Pine v. Fischer

However, petitioner's claims that he was improperly denied documentary evidence or witnesses at the tier III…