Jones v. Goord
Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
As the result of an altercation with another prison inmate, petitioner was charged with violating the prison disciplinary rules that prohibit assaulting an inmate, fighting, engaging in violent conduct, creating a disturbance and refusing a direct order. Petitioner pleaded guilty with an explanation to the charges of fighting and refusing a direct order and, after a disciplinary hearing, was found guilty of assaulting an inmate and engaging in violent conduct but not guilty of creating a disturbance. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt on substantive and procedural grounds. We confirm.
Turning to petitioner’s procedural arguments, although the Hearing Officer failed to provide a written explanation for the denial of petitioner’s request to call his two employee assistants as witnesses (see, 7 NYCRR 254.5 [a]), this does not warrant annulment of the determination because the record discloses the reason for the denial, i.e., the assistants’ testimony was irrelevant to the legal determination of whether the hearing was prematurely commenced (see, e.g., Matter of Bonez v Senkowski, 265 AD2d 713; Matter of Morrison v Selsky, 246 AD2d 939). Finally, the Hearing Officer’s refusal to recall a witness whose testimony would be redundant and irrelevant was neither improper nor indicative of bias (see, Matter of Watson v Goord, 265 AD2d 700; Matter of McBride v Selsky, 257 AD2d 930).
Petitioner’s remaining arguments have been examined and rejected as unpersuasive.
Cardona, P. J., Mercure, Crew III and Spain, 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.