Opinion
535428
02-09-2023
In the Matter of Tyahnjaii LEGETTE, Petitioner, v. Anthony RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Tyahnjaii Legette, Auburn, petitioner pro se. Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Tyahnjaii Legette, Auburn, petitioner pro se.
Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Reynolds Fitzgerald, Ceresia and McShan, JJ.
MEMORANDUM AND JUDGMENT Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Acting Commissioner of Corrections and Community Supervision finding petitioner guilty of violating a prison disciplinary rule.
Petitioner was charged in a misbehavior report with possessing a weapon and smuggling. According to the misbehavior report, when petitioner exited his cell to allow a cell search, a correction officer observed petitioner remove his hand from his pocket and drop an object on the floor, which was later identified as a nonmetallic ceramic razor blade weapon. Following a tier III disciplinary hearing, petitioner was found guilty of possessing a weapon and not guilty of the remaining charge. That determination was affirmed on administrative appeal, prompting this CPLR article 78 proceeding.
We confirm. Contrary to petitioner's contention, the misbehavior report, supporting documentation and testimony at the hearing provided substantial evidence to support the determination of guilt (see Matter of Ramos v. Annucci, 203 A.D.3d 1370, 1370, 160 N.Y.S.3d 925 [3d Dept. 2022] ; Matter of DeJesus v. Mayes, 196 A.D.3d 992, 992, 148 N.Y.S.3d 406 [3d Dept. 2021] ). Any alleged inconsistencies in the testimony of the correction officers regarding the search of petitioner's cell presented a credibility issue for the Hearing Officer to resolve (see Matter of Lightner v. Venettozzi, 197 A.D.3d 1448, 1449, 151 N.Y.S.3d 909 [3d Dept. 2021] ). Petitioner's assertion that the Hearing Officer failed to assess the confidential information that led to the search of his cell is not preserved as petitioner failed to raise this issue at the hearing (see Matter of Matthews v. Annucci, 162 A.D.3d 1432, 1434, 81 N.Y.S.3d 247 [3d Dept. 2018] ). In any event, no confidential information was relied on by the Hearing Officer in reaching the determination (see Matter of Rodari v. Venettozzi, 186 A.D.3d 1860, 1861, 129 N.Y.S.3d 359 [3d Dept. 2020] ) and any information that prompted the search of petitioner's cell was irrelevant to whether he possessed a weapon (see Matter of Wright v. Annucci, 190 A.D.3d 1249, 1250, 136 N.Y.S.3d 814 [3d Dept. 2021] ; Matter of Bonds v. Annucci, 166 A.D.3d 1250, 1251, 89 N.Y.S.3d 730 [3d Dept. 2018] ).
Turning to petitioner's procedural objections, we are unpersuaded that petitioner was improperly denied documentary evidence. The record reflects that the documents requested – including the disciplinary record of the correction officers involved and the Hearing Officer, the Department of Corrections and Community Supervision employee handbook and the Hearing Officer's Reference Book – were not relevant to the charges (see Matter of Loret v. Venettozzi, 205 A.D.3d 1171, 1172, 169 N.Y.S.3d 174 [3d Dept. 2022] ). To the extent that petitioner asserts that the hearing was not completed in a timely manner because the extension was not approved until after the expiration of a previous extension, "[t]he regulatory time requirements are directory, not mandatory, and petitioner has not demonstrated that he was prejudiced by the short delay in obtaining the extension" ( Matter of Black v. Annucci, 197 A.D.3d 1446, 1447, 151 N.Y.S.3d 916 [3d Dept. 2021] [internal quotation marks and citation omitted]). Petitioner's remaining contention – that the Hearing Officer was biased – is not preserved for our review as he did not raise that on administrative review (see Matter of Spirles v. Laramay, 137 A.D.3d 1400, 1400, 26 N.Y.S.3d 489 [3d Dept. 2016], lv denied 27 N.Y.3d 907, 2016 WL 3152546 [2016] ).
Egan Jr., J.P., Lynch, Reynolds Fitzgerald, Ceresia and McShan, JJ., concur.
ADJUDGED that the determination is confirmed, without costs, and petition dismissed.