Gonzalez v. Goord

Appellate Division of the Supreme Court of New York

Gonzalez v. Goord

259 A.D.2d 617, 684 N.Y.S.2d 918, 1999 N.Y. App. Div. LEXIS 2460

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

DecidedMarch 15, 1999

StatusPublished

This text of 259 A.D.2d 617 (Gonzalez 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

Gonzalez v. Goord, 259 A.D.2d 617, 684 N.Y.S.2d 918, 1999 N.Y. App. Div. LEXIS 2460 (N.Y. Ct. App. 1999).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services, dated July 11, 1997, which affirmed the decision of a Hearing Officer, dated May 15, 1997, made after an administrative hearing, finding the petitioner guilty of violating an institutional rule, and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.

The record contains substantial evidence to support the determination of the Commissioner of the New York State Department of Correctional Services that the petitioner, an inmate at the Fishkill State Correctional facility, violated an [618]*618institutional rule by being in possession of a weapon (see, CPLR 7803 [4]; Matter of Boyd v Constantine, 81 NY2d 189, 196; Matter of Ekinci v New York State Dept, of Social Servs., 205 AD2d 622; Matter ofKoh v Perales, 173 AD2d 477, 478).

The petitioner’s remaining contentions are unpreserved for our review (see, Horton v Smith, 51 NY2d 798; Matter of Baker v Chief of N. Y. City Tr. Police Dept., 232 AD2d 632), and, in any event, do not provide a basis for sustaining the petition. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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

Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services, dated July 11, 1997, which affirmed the decision of a Hearing Officer, dated May 15, 1997, made after an administrative hearing, finding the petitioner guilty of violating an institutional rule, and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed, on the merits, with costs.

The record contains substantial evidence to support the determination of the Commissioner of the New York State Department of Correctional Services that the petitioner, an inmate at the Fishkill State Correctional facility, violated an [618]*618institutional rule by being in possession of a weapon (see, CPLR 7803 [4]; Matter of Boyd v Constantine, 81 NY2d 189, 196; Matter of Ekinci v New York State Dept, of Social Servs., 205 AD2d 622; Matter ofKoh v Perales, 173 AD2d 477, 478).

The petitioner’s remaining contentions are unpreserved for our review (see, Horton v Smith, 51 NY2d 798; Matter of Baker v Chief of N. Y. City Tr. Police Dept., 232 AD2d 632), and, in any event, do not provide a basis for sustaining the petition. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

259 A.D.2d 617, 684 N.Y.S.2d 918, 1999 N.Y. App. Div. LEXIS 2460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gonzalez-v-goord-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack