Applegate v. Heath

Summary

The court held that substantial evidence supported the determination that the petitioner violated prison disciplinary rules and found no basis to disturb the hearing officer’s credibility determinations. It also upheld the partial denial of the petitioner’s grievance concerning legal mail, but remitted the matter to the Supreme Court for further proceedings because the petition sought declaratory relief that could not be transferred under CPLR 7804(g).

Holdings

1. The hearing officer's determination that the petitioner was guilty of violating prison disciplinary rules was supported by substantial evidence.
2. The partial denial of the petitioner's inmate grievance was not arbitrary and capricious.
3. Because the petition/complaint sought a declaratory judgment, the matter had to be remitted to Supreme Court, Westchester County, for further proceedings on that cause of action and entry of an appropriate judgment thereafter.

Questions Presented

1. Whether substantial evidence supported the hearing officer's determination that the petitioner violated prison disciplinary rules.
2. Whether the hearing officer's credibility determinations should be disturbed.
3. Whether the partial denial of the petitioner's inmate grievance concerning the treatment of his legal mail was arbitrary and capricious.
4. Whether the Appellate Division could resolve the cause of action seeking a declaratory judgment after the petition/complaint was transferred under CPLR 7804(g).

Disposition

remanded