[U] Bartley V. Goord

By petition dated August 4, 2004, petitioner moves for relief pursuant to CPLR Article 78 for an order annulling and expunging from his record respondent's March 19, 2004 determination which found petitioner guilty of violating prison disciplinary rules. In support of his application, the petitioner contends that: 1) no advanced written notice of the charges was provided to him within 24 hours of the scheduled disciplinary hearing; 2) he was denied his right to a fair and impartial hearing based upon the bias of the hearing officer; 3) he was denied the right to hear and receive all the available evidence against him and to be able to respond to that evidence; 4) he was denied his right to choose his own employee assistant; 5) he was denied his right to timely commencement of the hearing; and 6) no evidence was presented to sustain the charge of possessing contraband.