Matter of Morrishill v. Prack

Summary

The court confirmed a prison disciplinary determination finding the petitioner guilty of drug use after two positive marihuana tests. It rejected challenges concerning employee assistance, witness testimony, access to testing-equipment materials, and unredacted logbook entries, and dismissed the proceeding.

Holdings

1. A Hearing Officer may address a request for employee assistance by offering to provide the inmate with whatever assistance the inmate would have requested from an assistant when the inmate previously signed a waiver of employee assistance.
2. The Hearing Officer properly may deny a request for correction-officer testimony when the testimony is irrelevant to the disciplinary proceeding.
3. Petitioner was not entitled to a copy of the operator's manual for the testing equipment under the circumstances presented.
4. Petitioner was not entitled to unredacted log book entries that would identify other inmates tested on the relevant date.
5. The Appellate Division may retain jurisdiction over an article 78 proceeding that appears to raise only procedural issues and therefore should not have been transferred when retention serves judicial economy.

Questions Presented

1. Whether the Hearing Officer adequately addressed petitioner's request for employee assistance after petitioner had waived that assistance.
2. Whether the Hearing Officer properly denied petitioner's request for correction-officer testimony as irrelevant.
3. Whether petitioner was entitled to a copy of the testing equipment operator's manual.
4. Whether petitioner was entitled to unredacted log book entries identifying other inmates tested on the relevant date.
5. Whether the Appellate Division should retain jurisdiction over a CPLR article 78 proceeding that appeared to raise only procedural issues and therefore should not have been transferred.

Disposition

dismissed