Galdamez v. Davis

Appellate Division of the Supreme Court of New York

Galdamez v. Davis

11 A.D.3d 535, 782 N.Y.S.2d 649, 2004 N.Y. App. Div. LEXIS 12050

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

DecidedOctober 12, 2004

StatusPublished

Cited by2 cases

This text of 11 A.D.3d 535 (Galdamez v. Davis) 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

Galdamez v. Davis, 11 A.D.3d 535, 782 N.Y.S.2d 649, 2004 N.Y. App. Div. LEXIS 12050 (N.Y. Ct. App. 2004).

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Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Chris Davis, Deputy Superintendent of Security of Otisville Correctional Facility, dated July 24, 2003, which affirmed the determination of a hearing officer, made after a Tier II hearing, finding that the petitioner was guilty of violating a prison disciplinary rule and imposing a penalty.

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

The determination of the respondent Chris Davis, Superintendent of Security of Otisville Correctional Facility is supported by substantial evidence (see Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of Perez v Wilmot, 67 NY2d [536]*536615, 616-617 [1986]; Matter of James v Strack, 214 AD2d 674 [1995]). Moreover, there is no evidence in the record to support the petitioner’s claim that the hearing officer was biased (see Matter of Hughes v Suffolk County Dept. of Civ. Serv., 74 NY2d 833 [1989]; Matter of Martinez v Scully, 194 AD2d 679 [1993]). Florio, J.P., Luciano, Schmidt and Rivera, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review a determination of the respondent Chris Davis, Deputy Superintendent of Security of Otisville Correctional Facility, dated July 24, 2003, which affirmed the determination of a hearing officer, made after a Tier II hearing, finding that the petitioner was guilty of violating a prison disciplinary rule and imposing a penalty.

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

The determination of the respondent Chris Davis, Superintendent of Security of Otisville Correctional Facility is supported by substantial evidence (see Matter of Foster v Coughlin, 76 NY2d 964, 966 [1990]; Matter of Perez v Wilmot, 67 NY2d [536]*536615, 616-617 [1986]; Matter of James v Strack, 214 AD2d 674 [1995]). Moreover, there is no evidence in the record to support the petitioner’s claim that the hearing officer was biased (see Matter of Hughes v Suffolk County Dept. of Civ. Serv., 74 NY2d 833 [1989]; Matter of Martinez v Scully, 194 AD2d 679 [1993]). Florio, J.P., Luciano, Schmidt and Rivera, JJ., concur.

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Bluebook (online)

11 A.D.3d 535, 782 N.Y.S.2d 649, 2004 N.Y. App. Div. LEXIS 12050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/galdamez-v-davis-nyappdiv-2004.

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