Maisonave v. Coughlin

Appellate Division of the Supreme Court of New York

Maisonave v. Coughlin

167 A.D.2d 578, 562 N.Y.S.2d 843, 1990 N.Y. App. Div. LEXIS 13043

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

DecidedNovember 1, 1990

StatusPublished

Cited by2 cases

This text of 167 A.D.2d 578 (Maisonave v. Coughlin) 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

Maisonave v. Coughlin, 167 A.D.2d 578, 562 N.Y.S.2d 843, 1990 N.Y. App. Div. LEXIS 13043 (N.Y. Ct. App. 1990).

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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 respondents which found petitioner guilty of violating certain prison disciplinary rules.

The correction officer’s misbehavior report and his testi[579]*579mony were based on his firsthand observations that petitioner refused a direct order and possessed a weapon and any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 AD2d 954, lv denied 74 NY2d 615). Under the circumstances, the determination of guilt is supported by substantial evidence and therefore must be upheld (see, Matter of De Torres v Coughlin, 135 AD2d. 1068, lv denied 72 NY2d 801). Furthermore, there is no merit to petitioner’s claim that the misbehavior report provided him with insufficient notice of the specifics of the charges against him (see, Matter of Vogelsang v Coombe, 105 AD2d 913, affd 66 NY2d 835).

Determination confirmed, and petition dismissed, without costs. Kane, J. P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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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 respondents which found petitioner guilty of violating certain prison disciplinary rules.

The correction officer’s misbehavior report and his testi[579]*579mony were based on his firsthand observations that petitioner refused a direct order and possessed a weapon and any questions of credibility were for the Hearing Officer to resolve (see, Matter of Hernandez v LeFevre, 150 AD2d 954, lv denied 74 NY2d 615). Under the circumstances, the determination of guilt is supported by substantial evidence and therefore must be upheld (see, Matter of De Torres v Coughlin, 135 AD2d. 1068, lv denied 72 NY2d 801). Furthermore, there is no merit to petitioner’s claim that the misbehavior report provided him with insufficient notice of the specifics of the charges against him (see, Matter of Vogelsang v Coombe, 105 AD2d 913, affd 66 NY2d 835).

Determination confirmed, and petition dismissed, without costs. Kane, J. P., Weiss, Mikoll, Yesawich, Jr., and Mercure, JJ., concur.

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Bluebook (online)

167 A.D.2d 578, 562 N.Y.S.2d 843, 1990 N.Y. App. Div. LEXIS 13043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maisonave-v-coughlin-nyappdiv-1990.

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