Harris v. Kaplin
| Decision Date | 09 January 2013 |
| Citation | 2013 N.Y. Slip Op. 00089,957 N.Y.S.2d 722,102 A.D.3d 692 |
| Parties | In the Matter of Audra HARRIS, petitioner, v. Sabina KAPLIN, etc., et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
102 A.D.3d 692
957 N.Y.S.2d 722
2013 N.Y. Slip Op. 00089
In the Matter of Audra HARRIS, petitioner,
v.
Sabina KAPLIN, etc., et al., respondents.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 9, 2013.
Audra Harris, Bedford Hills, N.Y., petitioner pro se.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Claude S. Platton of counsel), for respondents.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL and SYLVIA HINDS–RADIX, JJ.
[102 A.D.3d 692]Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Bedford Hills Correctional Facility dated June 18, 2010, which confirmed a determination of a hearing officer dated May 18, 2010, made after a Tier III superintendent's hearing, finding the petitioner guilty of violating certain prison disciplinary rules, and imposing penalties.
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
The petitioner commenced this CPLR article 78 proceeding seeking to review a determination, following a Tier III superintendent's hearing, that she violated inmate rules 104.13 (7 NYCRR 270.2[B][5][iv] [creating a disturbance] ), 106.10 (7 NYCRR 270.2[B][7][i] [failure to obey an order] ), 107.10 (7 NYCRR 270.2[B][8][i] [interference with an employee] ), 107.11 (7 NYCRR 270.2[B][8][ii] [harassment of an employee] ), and [102 A.D.3d 693]109.12 (7 NYCRR 270.2[B][10][iii] [movement violation] ). At the superintendent's hearing
[957 N.Y.S.2d 723]
( see 7 NYCRR part 254), the petitioner admitted to most of the conduct underlying the violations, but maintained that the subject dispute arose because the correction officer involved was rude to her, cursed at her, and threatened her. She asserted that if certain video and audio tapes of the area in which the incident occurred were reviewed, they would show that her representations were accurate. In this CPLR article 78 proceeding, the petitioner contends that she was improperly denied access to those tapes, which she requested in accordance with 7 NYCRR 254.6(a)(3).
Certain portions of the hearing were not transcribed because they were inaudible, leaving unanswered the questions of whether the hearing officer viewed the subject tapes, whether the subject tapes existed, and why the tapes were unavailable to the petitioner. Remittal, however, is not warranted under these circumstances ( cf. Matter...
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