Kasiem v. New York State Department of Correctional Services

Appellate Division of the Supreme Court of New York

Kasiem v. New York State Department of Correctional Services

69 A.D.3d 1268, 892 N.Y.2d 805

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 2010·Published·Cited by 1 cases

Opinion

[1269] Petitioner served as the administrative clerk in the law library in Sullivan Correctional Facility in Sullivan County, where he was incarcerated. After gang-related materials were found in a folder that petitioner submitted to a correction officer for transport to another prisoner, he was served with a misbehavior report charging him with possession of gang material, smuggling and providing false information. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. His administrative appeal was unsuccessful and petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. Contrary to petitioner’s contention, the misbehavior report, the testimony of the correction officer who authored the report and the documentary evidence provide substantial evidence to support the determination of guilt (see Matter of Gloss v Fischer, 65 AD3d 1430, 1431 [2009], lv denied 2009 NY Slip Op 91571[U] [2009]; Matter of Pedraza v Fischer, 65 AD3d 1434, 1435 [2009]).

The remainder of petitioner’s contentions have been examined and found to be either unpreserved or without merit.

Cardona, BJ., Spain, Lahtinen, Malone Jr. and Stein, 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

[1269] Petitioner served as the administrative clerk in the law library in Sullivan Correctional Facility in Sullivan County, where he was incarcerated. After gang-related materials were found in a folder that petitioner submitted to a correction officer for transport to another prisoner, he was served with a misbehavior report charging him with possession of gang material, smuggling and providing false information. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. His administrative appeal was unsuccessful and petitioner thereafter commenced this CPLR article 78 proceeding.

We confirm. Contrary to petitioner’s contention, the misbehavior report, the testimony of the correction officer who authored the report and the documentary evidence provide substantial evidence to support the determination of guilt (see Matter of Gloss v Fischer, 65 AD3d 1430, 1431 [2009], lv denied 2009 NY Slip Op 91571[U] [2009]; Matter of Pedraza v Fischer, 65 AD3d 1434, 1435 [2009]).

The remainder of petitioner’s contentions have been examined and found to be either unpreserved or without merit.

Cardona, BJ., Spain, Lahtinen, Malone Jr. and Stein, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Kasiem v. New York State Department of Correctional Services, 69 A.D.3d 1268, 892 N.Y.2d 805 (N.Y. Ct. App. 2010).

Pincite

69 A.D.3d 1268 (Kasiem v. New York State Department of Correctional Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related