Taylor v. Barkley

Appellate Division of the Supreme Court of New York

Taylor v. Barkley

241 A.D.2d 604, 660 N.Y.S.2d 1010, 1997 N.Y. App. Div. LEXIS 7228

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

DecidedJuly 3, 1997

StatusPublished

This text of 241 A.D.2d 604 (Taylor v. Barkley) 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

Taylor v. Barkley, 241 A.D.2d 604, 660 N.Y.S.2d 1010, 1997 N.Y. App. Div. LEXIS 7228 (N.Y. Ct. App. 1997).

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Opinion

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

Petitioner was found guilty of violating prison package room procedures after a misbehavior report charged him with signing for ánd keeping a package meant for another inmate. Included in the evidence presented at petitioner’s disciplinary hearing was the testimony of the reporting officer and the misbehavior report, setting forth, inter alia, prior statements made by petitioner in which he admitted his commission of the charged misconduct. We conclude that substantial evidence supports the determination (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Early v Coughlin, 207 AD2d 588, 589). Petitioner’s remaining contentions have been examined and found to be without merit.

[605]*605Cardona, P. J., White, Casey, Peters and Carpinello, 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 St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating prison package room procedures after a misbehavior report charged him with signing for ánd keeping a package meant for another inmate. Included in the evidence presented at petitioner’s disciplinary hearing was the testimony of the reporting officer and the misbehavior report, setting forth, inter alia, prior statements made by petitioner in which he admitted his commission of the charged misconduct. We conclude that substantial evidence supports the determination (see, Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Early v Coughlin, 207 AD2d 588, 589). Petitioner’s remaining contentions have been examined and found to be without merit.

[605]*605Cardona, P. J., White, Casey, Peters and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

241 A.D.2d 604, 660 N.Y.S.2d 1010, 1997 N.Y. App. Div. LEXIS 7228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-barkley-nyappdiv-1997.

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