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Fordham v. Lee
Citations: 96 A.D.3d 1243; 946 N.Y.S.2d 901
Court: Appellate Division of the Supreme Court of the State of New York; June 21, 2012; New York; State Appellate Court
A proceeding under CPLR article 78 was initiated to review a determination by the Commissioner of Corrections and Community Supervision, which found the petitioner guilty of violating several prison disciplinary rules following a large inmate fight in the recreation yard. The petitioner was charged with refusing a direct order, fighting, creating a disturbance, and engaging in violent conduct. After a tier III disciplinary hearing, he was found guilty, and the determination was upheld on administrative appeal. The court rejected the petitioner's argument that he was wrongly denied the right to call a correction officer who escorted him back to his cell as a witness, noting the officer was not present during the incident and thus his testimony was irrelevant. Additionally, the claim regarding ineffective employee assistance was not preserved for review because it was not raised during the hearing. Other arguments made by the petitioner were considered, but found unpersuasive. The court confirmed the determination without costs and dismissed the petition. It also noted that the issue of substantial evidence was not raised in the verified petition, which incorrectly led to the transfer of the proceeding to this Court. Nonetheless, the court decided to address the petitioner's claims for judicial efficiency.