Talley v. Walker

—Judgment unanimously affirmed. Memorandum: We reject the contention of petitioner that his Tier III hearing was not completed in a timely fashion. Although the hearing was not completed within 14 days following the writing of the misbehavior report (see, 7 NYCRR 251-5.1 [b]), it was commenced within that time limit and an extension was properly authorized by the Commissioner’s designee (see, Matter of Comfort v Irvin, 197 AD2d 907, lv denied 82 NY2d 662; Matter of Graham v Henderson, 158 AD2d 911). Petitioner’s contention that the misbehavior report was actually written on a date earlier…