State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: April 9, 2015 519363 

________________________________

In the Matter of HENRY HOBSON,

Petitioner,

v MEMORANDUM AND JUDGMENT

ALBERT PRACK, as Director of 

Special Housing and Inmate 

Disciplinary Programs, 

et al.,

Respondents.

________________________________

Calendar Date: February 24, 2015

Before: Lahtinen, J.P., Garry, Devine and Clark, JJ.

__________

Henry Hobson, Coxsackie, petitioner pro se.

Eric T. Schneiderman, Attorney General, Albany (Peter H.

Schiff of counsel), for respondents.

__________

Proceeding pursuant to CPLR article 78 (transferred to this

Court by order of the Supreme Court, entered in Greene County) to

review a determination of the Commissioner of Corrections and

Community Supervision which found petitioner guilty of violating

certain prison disciplinary rules.

Petitioner was a member of the Inmate Liaison Committee

and, at a committee meeting, raised an issue regarding alleged

inmate abuse by staff. After an inflammatory and unauthorized

memorandum addressing the same issue was posted throughout the

prison, petitioner was charged in a misbehavior report with

engaging in actions detrimental to the facility and making an

unauthorized address. At the conclusion of a tier III

disciplinary hearing, petitioner was found guilty as charged. 
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The determination was upheld on administrative appeal, and this

CPLR article 78 proceeding ensued.

Addressing petitioner's procedural contentions first, "the

charges resulted from an ongoing investigation and involved

numerous and varied contacts, [and] we find that the misbehavior

report adequately apprised petitioner of the charges against him

and provided sufficient information to allow him to prepare a

defense" (Matter of Williams v Fischer, 114 AD3d 977, 977 [2014],

lv denied 23 NY3d 903 [2014]; see Matter of Wilson v Fischer, 120

AD3d 1477, 1478 [2014]). The record further establishes that any

defects in his prehearing assistance were remedied by the Hearing

Officer (see Matter of LaMountain v Fischer, 120 AD3d 1508, 1509

[2014]; Matter of Scott v Prack, 117 AD3d 1300, 1300-1301

[2014]).

Turning to the merits, the charge of engaging in behavior

detrimental to the order of the facility is supported by

substantial evidence in the record, including the misbehavior

report, hearing testimony and confidential evidence (see Matter

of Meachem v Fischer, 108 AD3d 973, 974 [2013]). Contrary to

petitioner's contention, the Hearing Officer properly assessed

the credibility and reliability of the confidential information

(see Matter of Williams v Fischer, 18 NY3d 888, 890 [2012];

Matter of Grate v Annucci, 122 AD3d 1053, 1054 [2014]). 

Respondents correctly concede that the charge of making an

unauthorized address is not supported by substantial evidence

but, because petitioner has already served the penalty and no

loss of good time was recommended, remittal for redetermination

of the penalty is unnecessary (see Matter of Garcia v Garner, 122

AD3d 988, 989 [2014]).

Lahtinen, J.P., Garry, Devine and Clark, JJ., concur.
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ADJUDGED that the determination is modified, without costs,

by annulling so much thereof as found petitioner guilty of making

an unauthorized address; petition granted to that extent and the

Commissioner of Corrections and Community Supervision is directed

to expunge all references to this charge from petitioner's

institutional record; and, as so modified, confirmed.

ENTER:

Robert D. Mayberger

Clerk of the Court