Matter of Angevine v. Martuscello

Summary

The Appellate Division, Third Department confirmed a prison disciplinary determination finding Jaquan Angevine guilty of conspiring to have an incarcerated individual assaulted, violent conduct, gang involvement, and making threats. The court held that substantial evidence supported the determination, rejected challenges to confidential information and due process, and dismissed the proceeding as to the excessive-penalty claim because the penalty had been served and petitioner had been released from state custody.

Holdings

1. The detailed misbehavior report, supporting documentation, hearing testimony, and confidential information constituted substantial evidence supporting petitioner's guilt.
2. The confidential information was sufficient because it provided enough information for the Hearing Officer to independently assess its reliability.
3. The due process claim based on the alleged failure to comply with the Freedom of Information Law request was not properly before the court because the petition sought only to annul the disciplinary determination.
4. The challenge to the penalty was moot because petitioner had served the penalty and had been released from state custody.

Questions Presented

1. Whether substantial evidence supported the prison disciplinary determination finding petitioner guilty of the charged violations.
2. Whether the confidential information used at the disciplinary hearing was sufficiently reliable to support the determination.
3. Whether the alleged failure to comply with petitioner's Freedom of Information Law request violated due process and was properly raised in the article 78 proceeding.
4. Whether the disciplinary penalty was excessive.

Disposition

affirmed