Cancel v. Goord

Appellate Division of the Supreme Court of New York

Cancel v. Goord

272 A.D.2d 325, 708 N.Y.S.2d 303, 2000 N.Y. App. Div. LEXIS 4872

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

DecidedMay 1, 2000

StatusPublished

This text of 272 A.D.2d 325 (Cancel 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

Cancel v. Goord, 272 A.D.2d 325, 708 N.Y.S.2d 303, 2000 N.Y. App. Div. LEXIS 4872 (N.Y. Ct. App. 2000).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Fishkill Correctional Facility dated January 7, 1999, which affirmed a determination of a Hearing Officer dated December 22, 1998, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating institutional rules and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, there was substantial evidence to support the determination finding him guilty of verbal harassment (see, Matter of McKethan v Senkowski, 258 AD2d 852; Matter of Kasiem v Senkowski, 227 AD2d 701; Matter of Rizzuto v Coombe, 225 AD2d 961).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the Superintendent of the Fishkill Correctional Facility dated January 7, 1999, which affirmed a determination of a Hearing Officer dated December 22, 1998, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating institutional rules and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, there was substantial evidence to support the determination finding him guilty of verbal harassment (see, Matter of McKethan v Senkowski, 258 AD2d 852; Matter of Kasiem v Senkowski, 227 AD2d 701; Matter of Rizzuto v Coombe, 225 AD2d 961).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

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Bluebook (online)

272 A.D.2d 325, 708 N.Y.S.2d 303, 2000 N.Y. App. Div. LEXIS 4872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cancel-v-goord-nyappdiv-2000.

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