Matter of Hill v Bradford

Summary

The Appellate Division, Third Department reviewed a CPLR article 78 proceeding challenging prison disciplinary determinations. It dismissed as moot the challenge to the administratively reversed harassment finding and confirmed the determinations finding the petitioner guilty of disobeying a direct order, creating a disturbance, and violating a movement regulation.

Holdings

1. The challenge to the harassment determination was moot because the determination had been administratively reversed, the related references had been expunged from petitioner's institutional record, and the mandatory surcharge had been returned.
2. Petitioner's guilty plea precluded any challenge to the determination finding him guilty of disobeying a direct order.
3. The determination that petitioner was guilty of creating a disturbance and violating a movement regulation was supported by substantial evidence.
4. Petitioner waived any objection to the denial of the videotape request by failing to renew the request and by stating before the hearing closed that he had no further evidence or procedural objections; in any event, the requested evidence was irrelevant because the fact it was offered to establish was undisputed.

Questions Presented

1. Whether the harassment determination should be reviewed after it was administratively reversed and all related relief was provided.
2. Whether petitioner's guilty plea barred a challenge to the determination finding him guilty of disobeying a direct order.
3. Whether substantial evidence supported the determinations finding petitioner guilty of creating a disturbance and violating a movement regulation.
4. Whether petitioner preserved an objection to the denial of his request for a videotape of the incident and, if preserved, whether the videotape was relevant.

Disposition

dismissed