Opinion
September 21, 2000.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Dominick Auricchio, Alden, petitioner in person.
Eliot Spitzer, Attorney-General (Patrick Barnett-Mulligan of counsel), Albany, for respondents.
Before: Crew III, J.P., Peters, Carpinello, Graffeo and Rose, JJ.
MEMORANDUM AND JUDGMENT
Following a rehearing (see, Matter of Auricchio v. Goord, ___ A.D.2d ___, 709 N.Y.S.2d 680) petitioner was found guilty of assault on staff, interference with an employee, verbal harassment and refusing to obey a direct order. Petitioner was found not guilty of the charge of threats. Petitioner thereafter commenced the instant proceeding pursuant to CPLR article 78 to challenge the underlying determination.
Contrary to petitioner's contention, the misbehavior report and hearing testimony, including petitioner's own admissions, provide substantial evidence of his guilt (see, Matter of Anderson v. Goord, 262 A.D.2d 896). Additionally, although the Hearing Officer erred in concluding that the medical records of the injured correction officer were not relevant to petitioner's charges, the failure to provide these records to petitioner does not require annulment of the administrative determination, especially in light of the overwhelming evidence of petitioner's guilt (see, e.g., Matter of Moore v. Goord, 255 A.D.2d 640, 641, lv denied 93 N.Y.2d 802). Petitioner's remaining contentions have been examined and found to be without merit.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.