Matter of Moore v. Annucci

Summary

The New York Appellate Division, Third Department reviewed a CPLR article 78 proceeding challenging a prison disciplinary determination finding Anum Moore guilty of refusing a direct order and violating facility visitation procedures. The court held that substantial evidence supported the determination, rejected the bias and credibility arguments, found several claims unpreserved, and confirmed the determination while dismissing the petition.

Holdings

1. The misbehavior report and the authoring correction officer's hearing testimony constituted substantial evidence supporting the finding of guilt.
2. Conflicting testimony presented a credibility issue for the Hearing Officer to resolve and did not undermine the disciplinary determination.
3. The record did not establish Hearing Officer bias because the finding of guilt flowed from the evidence presented rather than alleged bias.
4. Arguments concerning the availability or production of evidence, unsuccessful efforts to call witnesses, and a procedural challenge to the misbehavior report were unpreserved because they were not raised at the administrative level.

Questions Presented

1. Whether substantial evidence supported the finding that petitioner violated the charged prison disciplinary rules.
2. Whether conflicting testimony created a credibility issue properly resolved by the Hearing Officer.
3. Whether the Hearing Officer's determination reflected bias.
4. Whether petitioner's challenges concerning evidence, witnesses, and the misbehavior report were preserved for judicial review.

Disposition

dismissed