R. R. Roberts v. Selsky
Opinion of the Court
—Determination unanimously confirmed without costs and petition dismissed. Memorandum: After a Tier III hearing, petitioner was found guilty of violating inmate rule 101.10 (7 NYCRR 270.2 [B] [2] [i] [inmates shall not engage in, encourage, solicit or attempt to force others to engage in sexual acts]). The misbehavior report constitutes substantial evidence supporting the determination (see, Matter of Parker v Coughlin, 211 AD2d 929; see also, People ex rel. Vega v Smith, 66 NY2d 130, 139). Petitioner’s explanation of the incident at the disciplinary hearing served only to present a credibility issue, which the Hearing Officer resolved in favor of the correction officer’s version of the incident (see, Matter of Foster v Coughlin, 76 NY2d 964, 966). Contrary to petitioner’s contention, the misbehavior report was not so discredited that it was insufficient to support the determination of guilt (cf., Matter of Horn v Coughlin, 198 AD2d 745).
We reject petitioner’s contention that intermittent gaps in the hearing transcript require annulment. “[T]he missing testimony ‘is neither material to the determination nor of such significance as to preclude meaningful review’ (Matter of Rodriguez v Coughlin, 167 AD2d 671)” (Matter of Torres v Coombe, 234 AD2d 710, 710-711).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.