Concepcion v. Miller

Appellate Division of the Supreme Court of New York

Concepcion v. Miller

247 A.D.2d 695, 672 N.Y.S.2d 261, 1998 N.Y. App. Div. LEXIS 936

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

DecidedFebruary 5, 1998

StatusPublished

Cited by1 cases

This text of 247 A.D.2d 695 (Concepcion v. Miller) 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

Concepcion v. Miller, 247 A.D.2d 695, 672 N.Y.S.2d 261, 1998 N.Y. App. Div. LEXIS 936 (N.Y. Ct. App. 1998).

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Opinion

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

Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from engaging in disorderly conduct. He now challenges the determination as not supported by substantial evidence and on the ground that the Hearing Officer was biased. Finding both arguments to. be unavailing, we confirm. The misbehavior report, coupled with the testimony of petitioner and the other inmate involved in [696]*696the incident, establish that petitioner and the inmate were engaged in unauthorized horseplay resulting in injuries to both. In our view, this proof constitutes substantial evidence to support the determination of guilt. Petitioner’s claim of Hearing Officer bias is belied by the record which reveals that he was afforded both a fair and an impartial hearing.

Cardona, P. J., Crew III, White, Spain and Carpinello, 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 Sullivan County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting inmates from engaging in disorderly conduct. He now challenges the determination as not supported by substantial evidence and on the ground that the Hearing Officer was biased. Finding both arguments to. be unavailing, we confirm. The misbehavior report, coupled with the testimony of petitioner and the other inmate involved in [696]*696the incident, establish that petitioner and the inmate were engaged in unauthorized horseplay resulting in injuries to both. In our view, this proof constitutes substantial evidence to support the determination of guilt. Petitioner’s claim of Hearing Officer bias is belied by the record which reveals that he was afforded both a fair and an impartial hearing.

Cardona, P. J., Crew III, White, Spain and Carpinello, JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

247 A.D.2d 695, 672 N.Y.S.2d 261, 1998 N.Y. App. Div. LEXIS 936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concepcion-v-miller-nyappdiv-1998.

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