IN RE: JAWWAD ABDUL–HALIM (2015)

MEMORANDUM AND ORDER

PRO SE.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Seneca County [Dennis F. Bender, A.J.], entered November 26, 2014) to review a determination, after a tier III hearing, that petitioner had violated various inmate rules.

Respondents correctly concede that the alleged violations of disciplinary rules 100.10, i.e., assault on inmate, and 107.20, i.e., false statements, are not supported by substantial evidence (see generally People ex rel. Vega v Smith, 66 N.Y.2d 130, 139), and we therefore modify the determination accordingly.   Inasmuch as the hearing officer recommended six months' loss of good time, and as the record does not reflect the relationship between those violations and the recommendation, we further modify the determination by vacating the recommended loss of good time, and we remit the matter for reconsideration of that recommendation (see Matter of Holmes v. Fischer, 114 AD3d 1158, 1159).   Because the other penalties have been served, we need not remit the matter with respect to those penalties (see id.).

We reject petitioner's contention that the remaining violations are not supported by substantial evidence (see generally Vega, 66 N.Y.2d at 139).   Those violations were supported by, inter alia, the misbehavior report, the testimony of the reporting officer and another employee, and documentary evidence, including several letters mailed by petitioner arranging for illegal drugs to be smuggled into the facility and discussing gang activity.   We have reviewed petitioner's remaining contentions and conclude that none warrants reversal or further modification.

Frances E. Cafarell

Clerk of the Court