Cintron v. Maxwell

Appellate Division of the Supreme Court of New York

Cintron v. Maxwell

244 A.D.2d 745, 666 N.Y.S.2d 46, 1997 N.Y. App. Div. LEXIS 11774

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

DecidedNovember 20, 1997

StatusPublished

This text of 244 A.D.2d 745 (Cintron v. Maxwell) 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

Cintron v. Maxwell, 244 A.D.2d 745, 666 N.Y.S.2d 46, 1997 N.Y. App. Div. LEXIS 11774 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Superintendent of Marcy Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. The misbehavior report stated that on November 1, [746]*7461996, petitioner had refused to obey two of the three directives given to him by a civilian teacher. Although petitioner testified that he had immediately complied with the teacher’s first order, this conflicting testimony merely presented a credibility issue for the Hearing Officer to decide (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Robles v Selsky, 231 AD2d 818, 819). In our view, the misbehavior report was “ ‘sufficiently relevant and probative’ ” to support the finding of guilt (Matter of Foster v Coughlin, supra, at 966, quoting Matter of Perez v Wilmot, 67 NY2d 615, 616-617).

Cardona, P. J., Crew III, White, Peters and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Superintendent of Marcy Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from refusing to obey a direct order. The misbehavior report stated that on November 1, [746]*7461996, petitioner had refused to obey two of the three directives given to him by a civilian teacher. Although petitioner testified that he had immediately complied with the teacher’s first order, this conflicting testimony merely presented a credibility issue for the Hearing Officer to decide (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Robles v Selsky, 231 AD2d 818, 819). In our view, the misbehavior report was “ ‘sufficiently relevant and probative’ ” to support the finding of guilt (Matter of Foster v Coughlin, supra, at 966, quoting Matter of Perez v Wilmot, 67 NY2d 615, 616-617).

Cardona, P. J., Crew III, White, Peters and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

244 A.D.2d 745, 666 N.Y.S.2d 46, 1997 N.Y. App. Div. LEXIS 11774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cintron-v-maxwell-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack