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Andino v. Goord

247 A.D.2d 919, 668 N.Y.S.2d 535, 1998 N.Y. App. Div. LEXIS 1270
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 4, 1998
StatusPublished

This text of 247 A.D.2d 919 (Andino v. Goord) 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
Andino v. Goord, 247 A.D.2d 919, 668 N.Y.S.2d 535, 1998 N.Y. App. Div. LEXIS 1270 (N.Y. Ct. App. 1998).

Opinion

Determination unanimously confirmed without costs and petition dismissed. Memorandum: Evidence adduced at petitioner’s Tier III disciplinary hearing, including the written misbehavior report and testimony from two physicians, constitutes substantial evidence to support the determination (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Petitioner offered no evidence to support his bald assertion that he was unable to comply with the order directing him to provide a urine sample (see, Matter of Pabon v LeFevre, 124 AD2d 310). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)

Present — Green, J. P., Lawton, Wisner, Callahan and Fallon, JJ.

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Related

People ex rel. Vega v. Smith
485 N.E.2d 997 (New York Court of Appeals, 1985)
Pabon v. LeFevre
124 A.D.2d 310 (Appellate Division of the Supreme Court of New York, 1986)

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Bluebook (online)
247 A.D.2d 919, 668 N.Y.S.2d 535, 1998 N.Y. App. Div. LEXIS 1270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andino-v-goord-nyappdiv-1998.