Best v. Leonardo

Appellate Division of the Supreme Court of New York

Best v. Leonardo

201 A.D.2d 808, 609 N.Y.S.2d 862, 1994 N.Y. App. Div. LEXIS 1135

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

DecidedFebruary 10, 1994

StatusPublished

This text of 201 A.D.2d 808 (Best v. Leonardo) 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

Best v. Leonardo, 201 A.D.2d 808, 609 N.Y.S.2d 862, 1994 N.Y. App. Div. LEXIS 1135 (N.Y. Ct. App. 1994).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review [809]*809a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of assault, fighting and refusing to obey a direct order. The remaining issues raised by petitioner have been examined and found to be either waived or lacking in merit.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review [809]*809a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Upon review of the record, we find that the misbehavior report, written by an eyewitness to the altercation, provided substantial evidence to support the determination finding petitioner guilty of assault, fighting and refusing to obey a direct order. The remaining issues raised by petitioner have been examined and found to be either waived or lacking in merit.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

201 A.D.2d 808, 609 N.Y.S.2d 862, 1994 N.Y. App. Div. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/best-v-leonardo-nyappdiv-1994.