Bonnemere v. Fischer
Opinion of the Court
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 respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner was served with a misbehavior report that charged him with assault, possession of a weapon and violent conduct. According to the report, confidential information received as a result of an investigation revealed that petitioner assaulted another inmate with a sharp object, resulting in lacerations to the inmate’s face and earlobe. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. Following an unsuccessful administrative appeal, he commenced this CPLR article 78 proceeding challenging the determination of guilt.
We confirm. The misbehavior report, the testimony of its
Petitioner’s remaining claims, including his challenge to the extent of the redaction of one of the logbooks provided for his review, have been examined and found to be unpersuasive. We disagree that the misbehavior report was insufficiently detailed to allow him the means of defending himself (see 7 NYCRR 251-3.1). Significantly, petitioner was provided the appropriate information regarding, among other things, the date, time and location of the assault, which he then used to present a detailed defense at the hearing (see Matter of Williams v Fischer, 93 AD3d 1051, 1052 [2012]).
Mercure, J.P, Rose, Malone Jr., McCarthy and Garry, 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.