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

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

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 815 (Jiminez v. Berry) 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

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).

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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.

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—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.

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Bluebook (online)

203 A.D.2d 815, 612 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 4484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jiminez-v-berry-nyappdiv-1994.

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