Glover v. Goord

Appellate Division of the Supreme Court of New York

Glover v. Goord

262 A.D.2d 483, 691 N.Y.S.2d 784, 1999 N.Y. App. Div. LEXIS 6635

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

DecidedJune 14, 1999

StatusPublished

Cited by7 cases

This text of 262 A.D.2d 483 (Glover 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

Glover v. Goord, 262 A.D.2d 483, 691 N.Y.S.2d 784, 1999 N.Y. App. Div. LEXIS 6635 (N.Y. Ct. App. 1999).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the Deputy [484]*484Superintendent for Security Services of the Fishkill Correctional Facility, dated July 14, 1997, which, after a hearing, determined that the petitioner had violated prison rules and imposed a penalty.

Adjudged that the petition is granted, without costs or disbursements, the determination is annulled, and the respondents are directed to expunge all references to the proceeding from the petitioner’s files.

In reviewing a prison disciplinary determination, the court’s inquiry is limited to deciding whether the determination was supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130). Upon our review of the record, we find that there was not substantial evidence in the record to support the charges against the petitioner (see, Matter of Bryant v Coughlin, 77 NY2d 642; Matter of Rosario v Selsky, 169 AD2d 955; Matter of Kalonji v Coughlin, 157 AD2d 941; Matter of Nelson v Coughlin, 148 AD2d 779; Matter of Wynter v Jones, 135 AD2d 1032). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the Deputy [484]*484Superintendent for Security Services of the Fishkill Correctional Facility, dated July 14, 1997, which, after a hearing, determined that the petitioner had violated prison rules and imposed a penalty.

Adjudged that the petition is granted, without costs or disbursements, the determination is annulled, and the respondents are directed to expunge all references to the proceeding from the petitioner’s files.

In reviewing a prison disciplinary determination, the court’s inquiry is limited to deciding whether the determination was supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130). Upon our review of the record, we find that there was not substantial evidence in the record to support the charges against the petitioner (see, Matter of Bryant v Coughlin, 77 NY2d 642; Matter of Rosario v Selsky, 169 AD2d 955; Matter of Kalonji v Coughlin, 157 AD2d 941; Matter of Nelson v Coughlin, 148 AD2d 779; Matter of Wynter v Jones, 135 AD2d 1032). O’Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.

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Bluebook (online)

262 A.D.2d 483, 691 N.Y.S.2d 784, 1999 N.Y. App. Div. LEXIS 6635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glover-v-goord-nyappdiv-1999.

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