Matter of Arriaga v. Smith

Summary

The court reviewed a CPLR article 78 proceeding challenging a prison disciplinary determination finding the petitioner guilty of theft of state property and smuggling. It held that the misbehavior report and hearing testimony constituted substantial evidence, rejected the petitioner’s notice, credibility, and hearing-officer-bias claims, and confirmed the determination.

Holdings

1. The misbehavior report, together with the hearing testimony of its author, provided substantial evidence supporting petitioner's guilt.
2. The misbehavior report adequately apprised petitioner of the charges, and alleged errors concerning the search location or date of service did not warrant annulment because petitioner demonstrated no prejudice in preparing his defense.
3. Petitioner's contention that the bag containing the food did not belong to him presented a credibility issue for the hearing officer to resolve.
4. The record did not support petitioner's claim that the hearing officer was biased or that the determination resulted from bias.

Questions Presented

1. Whether the misbehavior report and the author's hearing testimony constituted substantial evidence supporting the disciplinary determination.
2. Whether alleged errors in the misbehavior report concerning the location of the search and the date of service deprived petitioner of adequate notice or otherwise prejudiced his defense.
3. Whether petitioner's claim that the bag did not belong to him required reversal rather than resolution as a credibility issue by the hearing officer.
4. Whether the hearing officer was biased or the determination resulted from bias.

Disposition

dismissed