Jones v. Bennett

Appellate Division of the Supreme Court of New York

Jones v. Bennett

283 A.D.2d 750, 724 N.Y.S.2d 368, 2001 N.Y. App. Div. LEXIS 4852

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

DecidedMay 10, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 750 (Jones v. Bennett) 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

Jones v. Bennett, 283 A.D.2d 750, 724 N.Y.S.2d 368, 2001 N.Y. App. Div. LEXIS 4852 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting harassment. At petitioner’s tier III hearing, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the individual who posted a sexually explicit drawing on a facility teacher’s classroom window. Contrary to petitioner’s contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence of petitioner’s guilt (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 119).

Crew III, J. P., Peters, Spain, Mugglin and Rose, 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 Chemung County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting harassment. At petitioner’s tier III hearing, confidential testimony was offered from the correction officer who authored the misbehavior report stating that a confidential informant had identified petitioner as the individual who posted a sexually explicit drawing on a facility teacher’s classroom window. Contrary to petitioner’s contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence of petitioner’s guilt (see, Matter of Abdur-Raheem v Mann, 85 NY2d 113, 119).

Crew III, J. P., Peters, Spain, Mugglin and Rose, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

283 A.D.2d 750, 724 N.Y.S.2d 368, 2001 N.Y. App. Div. LEXIS 4852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bennett-nyappdiv-2001.

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