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Matter of Washington v. Lee

Citations: 2017 NY Slip Op 8591; 156 A.D.3d 1033; 64 N.Y.S.3d 612; 2017 WL 6043485Docket: 524871

Court: Appellate Division of the Supreme Court of the State of New York; December 6, 2017; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a CPLR article 78 proceeding initiated by an inmate against the Superintendent of the Eastern New York Correctional Facility, challenging the disciplinary determination made by the Commissioner of Corrections and Community Supervision. The petitioner was found guilty of multiple disciplinary violations following a tier III hearing, including engaging in a demonstration, creating a disturbance, and refusing a direct order. Upon appeal, the petitioner abandoned his challenge regarding the violation of facility movement regulations. The reviewing court found substantial evidence supporting the remaining charges but identified the charges of engaging in a demonstration and creating a disturbance as duplicative, as they arose from the same incident. Consequently, the court annulled these duplicative charges while noting that no further action was necessary since the petitioner did not lose good time and had served the penalty. The court also confirmed that the petitioner received adequate notice of the charges and found no bias in the hearing process. Ultimately, the court modified the disciplinary determination by ordering the expungement of the annulled charges from the petitioner's record and confirmed the remaining findings.

Legal Issues Addressed

Duplicative Charges in Disciplinary Hearings

Application: The court annulled charges that were found to be duplicative as they arose from the same incident, emphasizing that different charges stemming from a single event may need to be consolidated.

Reasoning: However, it agreed with the respondent that the findings of guilt for engaging in a demonstration and creating a disturbance were duplicative since they arose from the same incident.

Expungement of Annulled Disciplinary Charges

Application: The court ordered the expungement of duplicative charges from the petitioner's record, reflecting the remedial action required when certain findings are annulled.

Reasoning: ...ordered expungement of these charges from Washington's record...

Lack of Bias in Disciplinary Hearings

Application: The court found no evidence of bias from the Hearing Officer, affirming the necessity of impartiality in disciplinary adjudications.

Reasoning: ...and found no evidence of bias from the Hearing Officer.

Notice and Opportunity to Prepare Defense

Application: The court determined that the misbehavior reports provided sufficient notice to the petitioner to prepare his defense, underscoring the importance of adequate notification in disciplinary proceedings.

Reasoning: The court also determined that the misbehavior reports provided sufficient notice for Washington to prepare his defense...

Substantial Evidence in Prison Disciplinary Proceedings

Application: The court found substantial evidence supporting the charges against the petitioner based on detailed misbehavior reports and witness testimony.

Reasoning: The court found substantial evidence supporting the remaining charges based on detailed misbehavior reports and witness testimony.