Caldwell v. Annucci

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered March 9, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Following a combined tier III disciplinary hearing, petitioner was found guilty of two counts of assaulting staff, two counts of interfering with an employee, refusing a direct order and possessing unauthorized medication. Upon administrative appeal, the two counts of interfering with an employee were dismissed, but the remainder of the determination was upheld. Petitioner then commenced this CPLR article 78 proceeding to challenge the determination. After respondent joined issue, Supreme Court dismissed the petition, prompting this appeal.

Petitioner contends that he was denied the right to have certain witnesses testify at his disciplinary hearing and that he received inadequate employee assistance. However, the hearing transcript is replete with inaudible gaps that preclude our meaningful review of these issues. Accordingly, the

Lahtinen, J.P., Rose, Lynch and Aarons, JJ., concur.

Ordered that the judgment is reversed, on the law, without costs, determination annulled and matter remitted to respondent for further proceedings not inconsistent with this Court’s decision.