Kasiem v. Senkowski

Appellate Division of the Supreme Court of New York

Kasiem v. Senkowski

227 A.D.2d 701, 641 N.Y.S.2d 461, 1996 N.Y. App. Div. LEXIS 4713

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

DecidedMay 2, 1996

StatusPublished

Cited by1 cases

This text of 227 A.D.2d 701 (Kasiem v. Senkowski) 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

Kasiem v. Senkowski, 227 A.D.2d 701, 641 N.Y.S.2d 461, 1996 N.Y. App. Div. LEXIS 4713 (N.Y. Ct. App. 1996).

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Opinion

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

Petitioner, a prison inmate, was found guilty of verbal harassment after he told a female prison employee that he was deeply in love with her. He challenges this determination, arguing, inter alia, that the statement was misinterpreted by the employee and, therefore, does not support respondent’s determination. We find petitioner’s claim to be without merit. Petitioner admitted to making the statement and the employee at whom it was directed recited it in a misbehavior report. This constitutes substantial evidence supporting the determination. Whether the statement was made in the innocent context which petitioner described was a matter of credibility for the Hearing Officer to decide. We have considered petitioner’s other claims and find them to be without merit.

Mikoll, J. P., White, Casey, Peters and Spain, 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 Clinton County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prison inmate, was found guilty of verbal harassment after he told a female prison employee that he was deeply in love with her. He challenges this determination, arguing, inter alia, that the statement was misinterpreted by the employee and, therefore, does not support respondent’s determination. We find petitioner’s claim to be without merit. Petitioner admitted to making the statement and the employee at whom it was directed recited it in a misbehavior report. This constitutes substantial evidence supporting the determination. Whether the statement was made in the innocent context which petitioner described was a matter of credibility for the Hearing Officer to decide. We have considered petitioner’s other claims and find them to be without merit.

Mikoll, J. P., White, Casey, Peters and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

227 A.D.2d 701, 641 N.Y.S.2d 461, 1996 N.Y. App. Div. LEXIS 4713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kasiem-v-senkowski-nyappdiv-1996.

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