Glover v. Beaury

Appellate Division of the Supreme Court of New York

Glover v. Beaury

205 A.D.2d 995, 614 N.Y.S.2d 936, 1994 N.Y. App. Div. LEXIS 7042

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

DecidedJune 30, 1994

StatusPublished

This text of 205 A.D.2d 995 (Glover v. Beaury) 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

Glover v. Beaury, 205 A.D.2d 995, 614 N.Y.S.2d 936, 1994 N.Y. App. Div. LEXIS 7042 (N.Y. Ct. App. 1994).

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Opinion

Casey, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Washington County) to review a determination of respondent Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was charged in a misbehavior report with violating rules which prohibit interference with an employee and refusing to obey a direct order. The report, authored by a correction officer, alleged that in the course of responding to a fight between two inmates in the mess hall, he ordered several inmates not involved in the fight to be seated and petitioner refused to comply with the order. The misbehavior report constitutes substantial evidence to support the finding that petitioner committed the acts alleged in the [996]*996report (see, People ex rel. Vega v Smith, 66 NY2d 130, 139-140), and petitioner’s testimony that he attempted to comply with the order created a question of credibility for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 AD2d 954, 955, lv denied 74 NY2d 615). Petitioner’s remaining arguments were not raised at the administrative level and have no support in the record.

Mercure, J. P., White, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Casey, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Washington County) to review a determination of respondent Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, was charged in a misbehavior report with violating rules which prohibit interference with an employee and refusing to obey a direct order. The report, authored by a correction officer, alleged that in the course of responding to a fight between two inmates in the mess hall, he ordered several inmates not involved in the fight to be seated and petitioner refused to comply with the order. The misbehavior report constitutes substantial evidence to support the finding that petitioner committed the acts alleged in the [996]*996report (see, People ex rel. Vega v Smith, 66 NY2d 130, 139-140), and petitioner’s testimony that he attempted to comply with the order created a question of credibility for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 AD2d 954, 955, lv denied 74 NY2d 615). Petitioner’s remaining arguments were not raised at the administrative level and have no support in the record.

Mercure, J. P., White, Weiss and Peters, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

205 A.D.2d 995, 614 N.Y.S.2d 936, 1994 N.Y. App. Div. LEXIS 7042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-beaury-nyappdiv-1994.

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