Opinion
2014-09-18
In the Matter of Bienvenido CASTILLO, Appellant, v. Brian FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.
Bienvenido Castillo, Wallkill, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Bienvenido Castillo, Wallkill, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Connolly, J.), entered January 24, 2013 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 a prison disciplinary rule.
Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating the prison disciplinary rule prohibiting weapons possession. Supreme Court dismissed the petition, and we affirm. Contrary to petitioner'sassertion, his disciplinary hearing was commenced within the time period established by a valid extension ( see Matter of Pooler v. Fischer, 107 A.D.3d 1256, 1257, 969 N.Y.S.2d 564 [2013], lv. denied22 N.Y.3d 855, 2013 WL 6009632 [2013]; Matter of Lashway v. Kuhlmann, 282 A.D.2d 850, 850, 722 N.Y.S.2d 926 [2001] ). Although petitioner further contends that he was denied adequate employee assistance, the Hearing Officer remedied any deficiencies in this regard, and petitioner did not demonstrate any prejudice ( see Matter of Espinal v. Fischer, 114 A.D.3d 978, 979, 979 N.Y.S.2d 864 [2014]; Matter of Pooler v. Fischer, 107 A.D.3d at 1257, 969 N.Y.S.2d 564). Finally, petitioner did not argue that he received inadequate notice of the charges against him at the hearing and, as such, Supreme Court appropriately found that issue to be unpreserved for review ( see Matter of Valdez v. Fischer, 74 A.D.3d 1596, 1597, 904 N.Y.S.2d 783 [2010] ).
ORDERED that the judgment is affirmed, without costs. PETERS, P.J., STEIN, GARRY, EGAN JR. and DEVINE, JJ., concur.