Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Anthony MACK, Appellant, v. Glenn S. GOORD, as Commissioner of Correctional Services, et al., Respondents.
Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered December 13, 2006 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with assaulting staff, engaging in violent conduct, disobeying a direct order and being out of place. The charges stemmed from an incident wherein petitioner, who was noted to be out of place, refused a correction officer's order to stop and, ultimately, struck the correction officer on the face with a closed fist. Following a tier III disciplinary hearing, petitioner was found guilty as charged and a penalty of 180 days in the special housing unit and a corresponding loss of privileges and good time was imposed. Petitioner thereafter commenced this proceeding pursuant to CPLR article 78 raising, among other things, various procedural defects.1 Supreme Court dismissed the petition, prompting this appeal.
We affirm. Petitioner initially contends that the underlying disciplinary hearing was both commenced and completed in an untimely manner. Simply put, the time limits imposed by the relevant regulations are directory, not mandatory (see Matter of Chaney v. Selsky, 37 A.D.3d 983, 984, 830 N.Y.S.2d 605 [2007]; Matter of Konigsberg v. Selsky, 255 A.D.2d 702, 703, 680 N.Y.S.2d 701 [1998] ), and absent a showing of prejudice, which did not occur here, annulment is not warranted (see Matter of Bilbrew v. Goord, 33 A.D.3d 1107, 1108, 822 N.Y.S.2d 339 [2006] ). Moreover, our review of the record reveals valid reasons for each of the extensions granted.
As to petitioner's claim that he was denied the right to present relevant documentary evidence, we agree that in the absence of some indication that disclosing the injured correction officer's medical records would jeopardize institutional safety, the Hearing Officer's failure to provide petitioner with such documents was error (see Matter of Cody v. Goord, 17 A.D.3d 943, 944, 794 N.Y.S.2d 149 [2005]; Matter of Moore v. Goord, 255 A.D.2d 640, 641, 679 N.Y.S.2d 751 [1998], lv. denied 93 N.Y.2d 802, 687 N.Y.S.2d 626, 710 N.E.2d 273 [1999] ). This error, however, is harmless in view of the overwhelming evidence of petitioner's guilt and the fact that these records were not relied upon by the Hearing Officer in rendering his determination (see Matter of Abdul-Khaliq v. Goord, 34 A.D.3d 872, 872-873, 822 N.Y.S.2d 742 [2006] ). Finally, we have reviewed petitioner's challenge to the Hearing Officer's designation and find it to be lacking in merit.
ORDERED that the judgment is affirmed, without costs.
FOOTNOTES
1. Although petitioner initially raised a substantial evidence issue, Supreme Court granted petitioner's subsequent request to withdraw that portion of the petition.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: March 20, 2008
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)