Opinion
October 26, 2000.
Appeal from a judgment of the Supreme Court (McGill, J.), entered November 22, 1999 in Clinton 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.
Shawn Green, Malone, appellant in person.
Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondent.
Before: Crew III, J.P., Peters, Carpinello, Graffeo and Mugglin, JJ.
MEMORANDUM AND ORDER
Petitioner challenges a tier II disciplinary determination that found him guilty of violating the prison disciplinary rules that prohibit inmates from performing an unhygienic act and disobeying a direct order. The charges stemmed from petitioner's conduct of spitting on the floor and on the locking mechanism of a cage where correction officers perform pat frisk searches.
Initially, we decline to interfere with the review officer's classification of the charges against petitioner as a tier II violation rather than a tier I violation (see, Matter of Gittens v. Senkowski, 165 A.D.2d 937, 938; see also, 7 NYCRR 251-2.2). Furthermore, we reject petitioner's contention that the misbehavior report was insufficient to provide him adequate notice to enable him to prepare a defense. Significantly, the misbehavior report sufficiently identified the date, time and location of the incident forming the basis of the instant charge. Moreover, it was not required that the report "itemize in evidentiary detail all aspects of the case" (Matter of Davis v. Coughlin, 200 A.D.2d 904, 905; see, Matter of La Bounty v. Goord, 245 A.D.2d 675, 676, appeal dismissed 91 N.Y.2d 1002). Petitioner's remaining contentions, including his challenge to the timeliness of the hearing and claim of Hearing Officer bias, have been reviewed and found to be without merit.
ORDERED that the judgment is affirmed, without costs.