Jackson v. Annucci

Summary

The court unanimously confirmed a tier III prison disciplinary determination finding that the petitioner violated various inmate rules and dismissed the CPLR article 78 petition. The court held that the determination was supported by substantial evidence, rejected claims of hearing-officer bias and denial of witnesses or documentary evidence, and upheld the transfer of the proceeding despite the missing administrative appeal record.

Holdings

1. The determination was supported by substantial evidence, including confidential testimony, and therefore was properly confirmed.
2. Petitioner failed to establish that the hearing officer was biased or that the determination resulted from alleged bias.
3. The hearing officer properly rejected petitioner's requested additional testimony and documentary evidence because the material would have been redundant or immaterial.
4. The absence of the administrative-appeal record did not constitute a fatal defect requiring dismissal or preventing transfer of the proceeding to the Appellate Division.

Questions Presented

1. Whether the prison disciplinary determination was supported by substantial evidence, including confidential testimony.
2. Whether the hearing officer was biased and whether alleged bias affected the determination.
3. Whether petitioner was improperly denied the opportunity to call witnesses and present documentary evidence in support of his retaliation defense.
4. Whether the absence of the administrative-appeal record required dismissal or prevented transfer of the CPLR article 78 proceeding to the Appellate Division.

Disposition

dismissed