McMoore v. Leonardo

Appellate Division of the Supreme Court of New York

McMoore v. Leonardo

198 A.D.2d 752, 605 N.Y.S.2d 970, 1993 N.Y. App. Div. LEXIS 11027

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

DecidedNovember 24, 1993

StatusPublished

Cited by1 cases

This text of 198 A.D.2d 752 (McMoore v. Leonardo) 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

McMoore v. Leonardo, 198 A.D.2d 752, 605 N.Y.S.2d 970, 1993 N.Y. App. Div. LEXIS 11027 (N.Y. Ct. App. 1993).

Pincite

Opinion

Casey, J.

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, contends that the determination rendered in a disciplinary proceeding must be annulled because the Hearing Officer failed to review certain documents which could have corroborated petitioner’s claim that he was in his cell when the incident was alleged to have occurred. Inasmuch as petitioner failed to request the documents at the hearing, the Hearing Officer was not obligated to investigate the matter and obtain evidence for petitioner before rendering a decision (see, Matter of Cruz v Amico, 186 AD2d 841). We also reject petitioner’s claim of error in the administrative appeal process, particularly since the determination is supported by substantial evidence in the record. The determination should be confirmed.

[753]*753Mikoll, J. P., Yesawich Jr. and Mercare, 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

Casey, J.

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, contends that the determination rendered in a disciplinary proceeding must be annulled because the Hearing Officer failed to review certain documents which could have corroborated petitioner’s claim that he was in his cell when the incident was alleged to have occurred. Inasmuch as petitioner failed to request the documents at the hearing, the Hearing Officer was not obligated to investigate the matter and obtain evidence for petitioner before rendering a decision (see, Matter of Cruz v Amico, 186 AD2d 841). We also reject petitioner’s claim of error in the administrative appeal process, particularly since the determination is supported by substantial evidence in the record. The determination should be confirmed.

[753]*753Mikoll, J. P., Yesawich Jr. and Mercare, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

198 A.D.2d 752, 605 N.Y.S.2d 970, 1993 N.Y. App. Div. LEXIS 11027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmoore-v-leonardo-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack