Matter of Caldwell v. Annucci

Appellate Division of the Supreme Court of New York

Matter of Caldwell v. Annucci

140 A.D.3d 1248, 30 N.Y.S.3d 924

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 2016

Docket521160

StatusPublished

Cited by5 cases

This text of 140 A.D.3d 1248 (Matter of Caldwell v. Annucci) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Caldwell v. Annucci, 140 A.D.3d 1248, 30 N.Y.S.3d 924 (N.Y. Ct. App. 2016).

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Opinion

Clark, J.

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered March 9, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Following a combined tier III disciplinary hearing, petitioner was found guilty of two counts of assaulting staff, two counts of interfering with an employee, refusing a direct order and possessing unauthorized medication. Upon administrative appeal, the two counts of interfering with an employee were dismissed, but the remainder of the determination was upheld. Petitioner then commenced this CPLR article 78 proceeding to challenge the determination. After respondent joined issue, Supreme Court dismissed the petition, prompting this appeal.

Petitioner contends that he was denied the right to have certain witnesses testify at his disciplinary hearing and that he received inadequate employee assistance. However, the hearing transcript is replete with inaudible gaps that preclude our meaningful review of these issues. Accordingly, the *1249 determination must be annulled and the matter remitted for a new hearing (see Matter of Hamlett v Kelley, 133 AD3d 992, 992 [2015]; Matter of Nance v Annucci, 132 AD3d 1198, 1198 [2015]). We note that, under the circumstances, expungement is not the appropriate remedy (see Matter of Hamlett v Kelley, 133 AD3d at 992-993; Matter of Barnes v Fischer, 108 AD3d 990, 990-991 [2013], lv denied 22 NY3d 855 [2013]; Matter of Hayes v Fischer, 95 AD3d 1587, 1588 [2012]).

Lahtinen, J.P., Rose, Lynch and Aarons, JJ., concur.

Ordered that the judgment is reversed, on the law, without costs, determination annulled and matter remitted to respondent for further proceedings not inconsistent with this Court’s decision.

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Clark, J.

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered March 9, 2015 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

Following a combined tier III disciplinary hearing, petitioner was found guilty of two counts of assaulting staff, two counts of interfering with an employee, refusing a direct order and possessing unauthorized medication. Upon administrative appeal, the two counts of interfering with an employee were dismissed, but the remainder of the determination was upheld. Petitioner then commenced this CPLR article 78 proceeding to challenge the determination. After respondent joined issue, Supreme Court dismissed the petition, prompting this appeal.

Petitioner contends that he was denied the right to have certain witnesses testify at his disciplinary hearing and that he received inadequate employee assistance. However, the hearing transcript is replete with inaudible gaps that preclude our meaningful review of these issues. Accordingly, the *1249 determination must be annulled and the matter remitted for a new hearing (see Matter of Hamlett v Kelley, 133 AD3d 992, 992 [2015]; Matter of Nance v Annucci, 132 AD3d 1198, 1198 [2015]). We note that, under the circumstances, expungement is not the appropriate remedy (see Matter of Hamlett v Kelley, 133 AD3d at 992-993; Matter of Barnes v Fischer, 108 AD3d 990, 990-991 [2013], lv denied 22 NY3d 855 [2013]; Matter of Hayes v Fischer, 95 AD3d 1587, 1588 [2012]).

Lahtinen, J.P., Rose, Lynch and Aarons, JJ., concur.

Ordered that the judgment is reversed, on the law, without costs, determination annulled and matter remitted to respondent for further proceedings not inconsistent with this Court’s decision.

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Bluebook (online)

140 A.D.3d 1248, 30 N.Y.S.3d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-caldwell-v-annucci-nyappdiv-2016.

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