Osorio v. Senkowski

Appellate Division of the Supreme Court of New York

Osorio v. Senkowski

198 A.D.2d 689, 605 N.Y.S.2d 963, 1993 N.Y. App. Div. LEXIS 10763

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 689 (Osorio v. Senkowski) 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

Osorio v. Senkowski, 198 A.D.2d 689, 605 N.Y.S.2d 963, 1993 N.Y. App. Div. LEXIS 10763 (N.Y. Ct. App. 1993).

Pincite

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

The misbehavior report, in conjunction with the testimony of two eyewitnesses that petitioner possessed a weapon, provide substantial evidence to support the finding of guilt on that charge. Petitioner’s contrary contentions primarily concern questions of fact and credibility which were for the Hearing Officer to resolve. His remaining arguments on this point have been considered and rejected as lacking in merit.

Weiss, P. J., Yesawich Jr., Crew III, White and Casey, 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

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

The misbehavior report, in conjunction with the testimony of two eyewitnesses that petitioner possessed a weapon, provide substantial evidence to support the finding of guilt on that charge. Petitioner’s contrary contentions primarily concern questions of fact and credibility which were for the Hearing Officer to resolve. His remaining arguments on this point have been considered and rejected as lacking in merit.

Weiss, P. J., Yesawich Jr., Crew III, White and Casey, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

198 A.D.2d 689, 605 N.Y.S.2d 963, 1993 N.Y. App. Div. LEXIS 10763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osorio-v-senkowski-nyappdiv-1993.