Opinion
September 21, 1995
Appeal from the Supreme Court, Clinton County.
Petitioner, while incarcerated at Clinton Correctional Facility in Clinton County, was served with a misbehavior report charging him with violating a prison disciplinary rule prohibiting the possession of a weapon. It was alleged that, during a search of petitioner's cell, a seven-inch sharpened piece of metal was found under petitioner's bed. A photocopy of the shank was attached to the misbehavior report. Following an extensive hearing, petitioner was found guilty of the charged violation. Although the penalty imposed was modified on petitioner's administrative appeal, the determination of guilt was affirmed. This proceeding ensued.
We have examined the many issues raised by petitioner in this proceeding and find them to be unpersuasive. The misbehavior report and the testimony of, among others, the correction officer who discovered the shank in petitioner's cell provided substantial evidence to support the determination of guilt ( see, Matter of Tankleff v Coughlin, 210 A.D.2d 815, 816; Matter of Price v Coughlin, 195 A.D.2d 995). The claim by petitioner and his inmate witnesses that the shank was planted by prison staff in retaliation for his complaints of inmate mistreatment merely created a credibility issue that was permissibly resolved against petitioner ( see, Matter of Burgos v Coughlin, 216 A.D.2d 705; Matter of Stoll v Coughlin, 173 A.D.2d 998). Petitioner's claims regarding alleged defects in the misbehavior report are similarly devoid of merit. Additionally, intermittent minor gaps in the transcript are not so significant as to preclude meaningful review of the proceeding ( see, Matter of Fletcher v Selsky, 199 A.D.2d 865, 866, lv denied 83 N.Y.2d 753).
As for petitioner's remaining arguments, we conclude that the hearing was timely commenced and completed pursuant to three valid extensions. The fact that the third extension could not be sought and obtained until the day after the second extension expired did not result in any prejudice to petitioner ( see, Matter of Lugo v Coughlin, 182 A.D.2d 920, 921). Indeed, the extensions were only needed in order to secure the testimony of witnesses requested by petitioner ( see, Matter of Hernandez v Selsky, 206 A.D.2d 656, appeal dismissed, lv denied 85 N.Y.2d 854). We also find that petitioner's assistance was adequate and that petitioner was not improperly denied any relevant documents or noncumulative testimony of any pertinent witnesses ( see, Matter of Bryant v Mann, 199 A.D.2d 676, 677; Matter of Serrano v Coughlin, 152 A.D.2d 790, 792-793). Finally, the record contains no evidence of bias affecting the outcome of the hearing ( see, Matter of Nieves v Coughlin, 157 A.D.2d 943, 944).
Cardona, P.J., Mercure, Crew III and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.