Jiminez v. Berry

Appellate Division of the Supreme Court of New York

Jiminez v. Berry

203 A.D.2d 815, 612 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 4484

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 1994·Published·Cited by 1 cases

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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

The misbehavior report was authored by the correction officer who witnessed the incident. In addition, at the hearing that officer confirmed what she wrote in the report and testified that she personally observed petitioner engaged in a sexual activity during an outside visit. Under the circumstances, the misbehavior report, coupled with the hearing testimony, provides substantial evidence to support the finding of guilt. Petitioner’s contentions to the contrary merely raise questions of credibility which were for the Hearing Officer to resolve. Petitioner’s remaining procedural arguments have been considered and rejected as lacking in merit.

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

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

—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 the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

The misbehavior report was authored by the correction officer who witnessed the incident. In addition, at the hearing that officer confirmed what she wrote in the report and testified that she personally observed petitioner engaged in a sexual activity during an outside visit. Under the circumstances, the misbehavior report, coupled with the hearing testimony, provides substantial evidence to support the finding of guilt. Petitioner’s contentions to the contrary merely raise questions of credibility which were for the Hearing Officer to resolve. Petitioner’s remaining procedural arguments have been considered and rejected as lacking in merit.

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

Jiminez v. Berry, 203 A.D.2d 815, 612 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 4484 (N.Y. Ct. App. 1994).

Pincite

203 A.D.2d 815 (Jiminez v. Berry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related