Smith v. Walker

Appellate Division of the Supreme Court of New York

Smith v. Walker

209 A.D.2d 799, 618 N.Y.S.2d 477, 1994 N.Y. App. Div. LEXIS 11130

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

DecidedNovember 10, 1994

StatusPublished

Cited by12 cases

This text of 209 A.D.2d 799 (Smith v. Walker) 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

Smith v. Walker, 209 A.D.2d 799, 618 N.Y.S.2d 477, 1994 N.Y. App. Div. LEXIS 11130 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the Supreme Court (Peters, J.), entered October 29, 1993 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents finding petitioner guilty of violating certain prison disciplinary rules.

Upon review of the record, we agree with Supreme Court that petitioner was not deprived of his constitutional rights as a result of the determination finding him guilty of assaulting a staff member, using obscene language and destruction of [800]*800State property. The events underlying these charges occurred after petitioner expressed his unhappiness with the table at which he and his wife had been seated in the facility visiting room. Although petitioner contends that the involved correction officer’s initial decision to warn and counsel him for his disruptive behavior rather than summarily terminate the visit was improper, Supreme Court correctly found that the correction officer’s action was well within his authority. As for the absence from the misbehavior report of the signatures of other correction officers who witnessed the incident, we note that petitioner has failed to demonstrate any prejudice accruing to him as a result.

Mikoll, J. P., Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Peters, J.), entered October 29, 1993 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents finding petitioner guilty of violating certain prison disciplinary rules.

Upon review of the record, we agree with Supreme Court that petitioner was not deprived of his constitutional rights as a result of the determination finding him guilty of assaulting a staff member, using obscene language and destruction of [800]*800State property. The events underlying these charges occurred after petitioner expressed his unhappiness with the table at which he and his wife had been seated in the facility visiting room. Although petitioner contends that the involved correction officer’s initial decision to warn and counsel him for his disruptive behavior rather than summarily terminate the visit was improper, Supreme Court correctly found that the correction officer’s action was well within his authority. As for the absence from the misbehavior report of the signatures of other correction officers who witnessed the incident, we note that petitioner has failed to demonstrate any prejudice accruing to him as a result.

Mikoll, J. P., Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

209 A.D.2d 799, 618 N.Y.S.2d 477, 1994 N.Y. App. Div. LEXIS 11130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-walker-nyappdiv-1994.

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