Opinion
2014-05-15
In the Matter of Michael HUGHES, Appellant, v. Corey BEDARD, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.
Michael Hughes, Stormville, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Michael Hughes, Stormville, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Zwack, J.), entered January 16, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.
Following a tier III prison disciplinary hearing, petitioner was found guilty of drug use and violating family reunion program procedures. Upon administrative appeal, the determination was administratively reversed and a rehearing ordered due to an incomplete electronic recording of the hearing. In cases such as this one, where the Commissioner of Corrections and Community Supervision has yet to “issue[ ] a final determination, it is entirely proper for the Commissioner to order a rehearing upon his administrative review of an inmate disciplinary proceeding, even where an error sought to be corrected is of constitutional magnitude” (Matter of Stephens v. Goord, 273 A.D.2d 656, 657, 711 N.Y.S.2d 363 [2000],lv. denied95 N.Y.2d 766, 716 N.Y.S.2d 640, 739 N.E.2d 1145 [2000];see Matter of Higgins v. Selsky, 27 A.D.3d 913, 914, 811 N.Y.S.2d 470 [2006] ). As we find no basis to conclude that a rehearing was improperly ordered, Supreme Court properly dismissed the proceeding ( see Matter of Stephens v. Goord, 273 A.D.2d at 657, 711 N.Y.S.2d 363).
ORDERED that the judgment is affirmed, without costs. LAHTINEN, J.P., McCARTHY, GARRY and EGAN JR., JJ., concur.