Bodden v. Coughlin — 217 A.D.2d 765

Majority

p. 765

In the Matter of Walter Bodden, Petitioner, v Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents.

[628 NYS2d 1022]

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Franklin County) to review a deter

p. 766

mination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty after a Superintendent’s hearing of violating disciplinary rules prohibiting assault on staff, violent conduct and refusal of a direct order. The misbehavior report and corroborating testimony provide substantial evidence to support the determination of guilt. Further, petitioner waived any challenge to the adequacy of the notice of charges or their duplicative nature by failing to raise these issues at the hearing and, in any event, the charges were not duplicative and were sufficiently specific to meet regulatory requirements and to apprise petitioner of the nature of the charges against him so that he could prepare a defense. We also find no evidence of partiality on the part of the Hearing Officer. Finally, the penalty imposed is not so disproportionate as to shock our conscience. We have considered petitioner’s other contentions and find them to be without merit.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.