Moore v. Edwards

Appellate Division of the Supreme Court of New York

Moore v. Edwards

271 A.D.2d 447, 707 N.Y.S.2d 325, 2000 N.Y. App. Div. LEXIS 3823

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

DecidedApril 3, 2000

StatusPublished

This text of 271 A.D.2d 447 (Moore v. Edwards) 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

Moore v. Edwards, 271 A.D.2d 447, 707 N.Y.S.2d 325, 2000 N.Y. App. Div. LEXIS 3823 (N.Y. Ct. App. 2000).

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Opinion

—Proceeding pursuant to [448]*448CPLR article 78 to review a determination of the Superintendent of Otisville Correctional Facility, dated October 20, 1998, which affirmed a determination of a Hearing Officer dated October 15, 1998, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating an institutional rule and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, the misbehavior report and the hearing evidence provided substantial evidence to support the determination finding him guilty of possession of United States postage stamps with a value in excess of $20 (see, CPLR 7803 [4]; Matter of Lahey v Kelly, 71 NY2d 135, 140; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 181).

The petitioner’s remaining contentions are without merit. Krausman, J. P., H. Miller, Schmidt and Smith, JJ., concur.

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—Proceeding pursuant to [448]*448CPLR article 78 to review a determination of the Superintendent of Otisville Correctional Facility, dated October 20, 1998, which affirmed a determination of a Hearing Officer dated October 15, 1998, made after a Tier II disciplinary hearing, finding the petitioner guilty of violating an institutional rule and imposing a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, the misbehavior report and the hearing evidence provided substantial evidence to support the determination finding him guilty of possession of United States postage stamps with a value in excess of $20 (see, CPLR 7803 [4]; Matter of Lahey v Kelly, 71 NY2d 135, 140; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 181).

The petitioner’s remaining contentions are without merit. Krausman, J. P., H. Miller, Schmidt and Smith, JJ., concur.

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Bluebook (online)

271 A.D.2d 447, 707 N.Y.S.2d 325, 2000 N.Y. App. Div. LEXIS 3823, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-edwards-nyappdiv-2000.

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