Scott v. Goord
Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, challenges the determination finding him guilty of arson and the destruction of State prop
Moreover, nothing in the record supports petitioner’s assertion that the Hearing Officer was biased and not impartial (see, Matter of Monge v Goord, 251 AD2d 804; Matter of Applegate v Coombe, 237 AD2d 836, lv denied 90 NY2d 803). Furthermore, we reject petitioner’s contention that intermittent gaps in the hearing transcript warrant reversal. “[T]he missing testimony ‘is neither material to the determination nor of such significance as to preclude meaningful review’ ” (Matter of Torres v Coombe, 234 AD2d 710, 710-711, quoting Matter of Rodriquez v Coughlin, 167 AD2d 671). We have examined petitioner’s remaining contentions and find them to be without merit.
Cardona, P. J., Mercure, Carpinello, Graffeo and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.