Opinion
November 15, 1990
Appeal from the Supreme Court, Chemung County.
Based on the misbehavior report and the uncontroverted hearing testimony, which revealed that petitioner was among several inmates who refused to go back inside the facility when ordered to do so and that some of those inmates had picked up bricks from the yard, it was not unreasonable for the Hearing Officer to conclude that petitioner was engaged in conduct involving a threat of violence. As such, the determination was supported by substantial evidence (see, Matter of Hernandez v. LeFevre, 150 A.D.2d 954, 955, lv. denied 74 N.Y.2d 615; Matter of Taylor v. Coughlin, 143 A.D.2d 493). In addition and contrary to petitioner's contention, even if there were intermittent gaps in the record, reversal is not required where, as here, the alleged missing information is neither material to the determination nor of such significance as to preclude meaningful review (see, Matter of Thomas v. Coughlin, 145 A.D.2d 695, 696; Matter of Wynter v. Jones, 135 A.D.2d 1032, 1034).
Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Weiss, Levine and Harvey, JJ., concur.