King v. Carpenter

Appellate Division of the Supreme Court of New York

King v. Carpenter

227 A.D.2d 711, 641 N.Y.S.2d 467, 1996 N.Y. App. Div. LEXIS 4734

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

DecidedMay 2, 1996

StatusPublished

Cited by2 cases

This text of 227 A.D.2d 711 (King v. Carpenter) 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

King v. Carpenter, 227 A.D.2d 711, 641 N.Y.S.2d 467, 1996 N.Y. App. Div. LEXIS 4734 (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 Washington 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 violating a prison disciplinary rule prohibiting smuggling as a result of his attempt to send correspondence to an inmate at another correctional facility by utilizing a "legal mail” stamp. He challenges this determination, arguing that it is not supported by substantial evidence and that he was denied a fair hearing. Initially, the misbehavior report, combined with petitioner’s own testimony, provide substantial evidence supporting the determination. In addition, upon reviewing the hearing transcript, we find that the Hearing Officer was unbiased and conducted a fair and impartial hearing.

Cardona, P. J., Crew III, White, Casey 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 Washington 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 violating a prison disciplinary rule prohibiting smuggling as a result of his attempt to send correspondence to an inmate at another correctional facility by utilizing a "legal mail” stamp. He challenges this determination, arguing that it is not supported by substantial evidence and that he was denied a fair hearing. Initially, the misbehavior report, combined with petitioner’s own testimony, provide substantial evidence supporting the determination. In addition, upon reviewing the hearing transcript, we find that the Hearing Officer was unbiased and conducted a fair and impartial hearing.

Cardona, P. J., Crew III, White, Casey 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 711, 641 N.Y.S.2d 467, 1996 N.Y. App. Div. LEXIS 4734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-carpenter-nyappdiv-1996.

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