Hodge v. Selsky

Summary

The New York Appellate Division, Third Department, reviewed a CPLR article 78 challenge to two prison disciplinary determinations. The court held that substantial evidence did not support the findings of assaulting staff and engaging in violent conduct, ordered those findings expunged, and otherwise upheld the determinations concerning harassment, refusal of a direct order, and tampering with state property. The judgment was modified accordingly and affirmed as modified.

Holdings

1. The inaudible portions of the tier III hearing transcript were not sufficiently significant to preclude meaningful judicial review.
2. Substantial evidence did not support the findings that Hodge engaged in violent conduct or assaulted staff; those portions of the determination were annulled and the references expunged from his institutional record.
3. Remand for redetermination of the penalty was unnecessary because no loss of good time was imposed and Hodge had already served the penalty.
4. Hodge could not challenge the determination of guilt on the refusing-a-direct-order charge because he had pleaded guilty to it.
5. The findings of harassment and tampering with state property were supported by substantial evidence.
6. Although the proceeding should initially have been transferred to the Appellate Division because it raised a substantial-evidence question, the court could consider the issue de novo and render judgment.

Questions Presented

1. Whether inaudible portions of the tier III hearing transcript prevented meaningful judicial review.
2. Whether substantial evidence supported the findings that Hodge engaged in violent conduct and assaulted staff.
3. Whether Hodge could challenge the determination concerning refusing a direct order after pleading guilty to that charge.
4. Whether substantial evidence supported the findings of harassment and tampering with state property.
5. Whether the penalty issue required remand after the findings of assaulting staff and engaging in violent conduct were annulled.

Disposition

reversed_and_remanded