Rivera v. McGinnis

Appellate Division of the Supreme Court of New York

Rivera v. McGinnis

290 A.D.2d 800, 735 N.Y.S.2d 899, 2002 N.Y. App. Div. LEXIS 389

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

DecidedJanuary 17, 2002

StatusPublished

Cited by4 cases

This text of 290 A.D.2d 800 (Rivera v. McGinnis) 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

Rivera v. McGinnis, 290 A.D.2d 800, 735 N.Y.S.2d 899, 2002 N.Y. App. Div. LEXIS 389 (N.Y. Ct. App. 2002).

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Opinion

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

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting lewd exposure after a facility nurse witnessed petitioner masturbating in his cell. Contrary to petitioner’s contention, the misbehavior report, authored by the nurse who witnessed the incident, and petitioner’s own admissions regarding his conduct constitute substantial evidence supporting the determination of guilt (see, Matter of Green v Goord, 284 AD2d 677; Matter of McMillian v Selsky, 268 AD2d 936). Petitioner’s assertion that the incident was unintentional as he was unaware that the nurse was still making her rounds presented a credibility issue which the [801]*801Hearing Officer resolved against him (see, Matter of McMillian v Selsky, supra).

Cardona, P.J., Mercare, Spain, Carpinello and Lahtinen, 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 Chemung County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting lewd exposure after a facility nurse witnessed petitioner masturbating in his cell. Contrary to petitioner’s contention, the misbehavior report, authored by the nurse who witnessed the incident, and petitioner’s own admissions regarding his conduct constitute substantial evidence supporting the determination of guilt (see, Matter of Green v Goord, 284 AD2d 677; Matter of McMillian v Selsky, 268 AD2d 936). Petitioner’s assertion that the incident was unintentional as he was unaware that the nurse was still making her rounds presented a credibility issue which the [801]*801Hearing Officer resolved against him (see, Matter of McMillian v Selsky, supra).

Cardona, P.J., Mercare, Spain, Carpinello and Lahtinen, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

290 A.D.2d 800, 735 N.Y.S.2d 899, 2002 N.Y. App. Div. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-mcginnis-nyappdiv-2002.

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