IN RE: Jermaine DICKERSON

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: Jermaine DICKERSON, Petitioner, v. Glenn S. GOORD, as Commissioner of the Department of Correctional Services, Respondent.

Decided: October 29, 1998

Before MERCURE, J.P., and CREW, WHITE, YESAWICH and GRAFFEO, JJ. Jermaine Dickerson, Elmira, petitioner in person. Dennis C. Vacco, Attorney-General (Siobhan S. Crary of counsel), Albany, for respondent.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

 Petitioner, an inmate, was found guilty of violating certain prison disciplinary rules after he was observed fighting with another inmate.   Initially, inasmuch as one of the determinations has been administratively reversed and expunged from petitioner's record, we find that petitioner's challenge to this determination is moot (see, Matter of Martin v. Henderson, 159 A.D.2d 867, 554 N.Y.S.2d 1020).   As to the remaining determinations, the evidence adduced at petitioner's disciplinary hearing, including the detailed misbehavior report and the testimony of the correction officer who witnessed the altercation, provides substantial evidence of petitioner's guilt (see, Matter of Contrera v. Coombe, 236 A.D.2d 661, 654 N.Y.S.2d 197).   Finally, petitioner's various procedural challenges are either unpreserved for our review or are otherwise lacking in merit.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

MEMORANDUM DECISION.

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