Opinion
2001-01116
Submitted October 11, 2002.
November 4, 2002.
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Correctional Services, dated February 24, 2000, which modified a determination of a Hearing Officer, dated December 27, 1999, made after a hearing, which found the petitioner guilty of violating certain prison disciplinary rules.
Louis Hairston, Malone, N.Y., petitioner pro se.
Eliot Spitzer, Attorney-General, New York, N.Y. (Marion R. Buchbinder and Allison Penn of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION JUDGMENT
ADJUDGED that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner's contention, the determination finding him guilty of violating various prison disciplinary rules, was supported by substantial evidence in the record (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176).
Furthermore, the failure on the part of the hearing officer to complete the hearing within 14 days of the writing of the misbehavior report does not provide a basis for disturbing the determination. The time limitations imposed by the regulation in question are construed only as directory and not as mandatory in nature (see Matter of Borras v. Scully, 149 A.D.2d 508).
The petitioner's remaining contentions are without merit.
O'BRIEN, J.P., KRAUSMAN, TOWNES and RIVERA, JJ., concur.