Kwiatkowski v. Goord

Appellate Division of the Supreme Court of New York

Kwiatkowski v. Goord

276 A.D.2d 986, 715 N.Y.S.2d 916, 2000 N.Y. App. Div. LEXIS 10805

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

DecidedOctober 26, 2000

StatusPublished

Cited by1 cases

This text of 276 A.D.2d 986 (Kwiatkowski v. Goord) 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

Kwiatkowski v. Goord, 276 A.D.2d 986, 715 N.Y.S.2d 916, 2000 N.Y. App. Div. LEXIS 10805 (N.Y. Ct. App. 2000).

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Opinion

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

[987]*987Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct, creating a disturbance, harassment, refusing a direct order and making threats. According to the misbehavior report, a correction officer witnessed petitioner taking a plastic bag from an officer’s desk. When the correction officer Ordered petitioner to produce his identification and relinquish the plastic bag, petitioner refused and threatened the correction officer. Contrary to petitioner’s contention, the detailed misbehavior report and corroborating hearing testimony provide substantial evidence to support the determination of guilt (see, Matter of Mason v Goord, 271 AD2d 779). Furthermore, we reject petitioner’s assertion that the Hearing Officer predetermined his guilt inasmuch as the penalty imposed runs from the date the misbehavior report was written. Petitioner’s remaining contentions have been reviewed and are either unpreserved for our review or lacking in merit.

Cardona, P. J., Crew III, Carpinello, Graffeo and Mugglin, 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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

[987]*987Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit inmates from engaging in violent conduct, creating a disturbance, harassment, refusing a direct order and making threats. According to the misbehavior report, a correction officer witnessed petitioner taking a plastic bag from an officer’s desk. When the correction officer Ordered petitioner to produce his identification and relinquish the plastic bag, petitioner refused and threatened the correction officer. Contrary to petitioner’s contention, the detailed misbehavior report and corroborating hearing testimony provide substantial evidence to support the determination of guilt (see, Matter of Mason v Goord, 271 AD2d 779). Furthermore, we reject petitioner’s assertion that the Hearing Officer predetermined his guilt inasmuch as the penalty imposed runs from the date the misbehavior report was written. Petitioner’s remaining contentions have been reviewed and are either unpreserved for our review or lacking in merit.

Cardona, P. J., Crew III, Carpinello, Graffeo and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

276 A.D.2d 986, 715 N.Y.S.2d 916, 2000 N.Y. App. Div. LEXIS 10805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kwiatkowski-v-goord-nyappdiv-2000.

Opinion

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