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MATTER OF DICKERSON v. GOORD

Appellate Division of the Supreme Court of New York, Third Department.
Oct 29, 1998
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Petitioner, an inmate, was found guilty of violating certain prison disciplinary rules after he was observed fighting with another inmate. Initially, inasmuch as one of the determinations has been administratively reversed and expunged from petitioner's record, we find that petitioner's challenge to this determination is moot ( see, Matter of Martin v. Henderson, 159 A.D.2d 867). As to the remaining determinations, the evidence adduced at petitioner's disciplinary hearing, including the detailed misbehavior report and the testimony of the correction officer who witnessed the altercation, provides substantial evidence of petitioner's guilt ( see, Matter of Contrera v. Coombe, 236 A.D.2d 661). Finally, petitioner's various procedural challenges are either unpreserved for our review or are otherwise lacking in merit.

Mercure, J. P., Crew III, White, Yesawich Jr. and Graffeo, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.