Washington v. Coombe

Appellate Division of the Supreme Court of New York

Washington v. Coombe

226 A.D.2d 792, 639 N.Y.S.2d 966, 1996 N.Y. App. Div. LEXIS 3438

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

DecidedApril 4, 1996

StatusPublished

Cited by3 cases

This text of 226 A.D.2d 792 (Washington v. Coombe) 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

Washington v. Coombe, 226 A.D.2d 792, 639 N.Y.S.2d 966, 1996 N.Y. App. Div. LEXIS 3438 (N.Y. Ct. App. 1996).

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Opinion

Proceeding [793]*793pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner became involved in a fight with another inmate and was subsequently found guilty of assault and violating a direct order. He argues that, because he was acting in self-defense, the administrative determination is not supported by substantial evidence. We disagree. The correction officer who authored the misbehavior report and witnessed the incident testified that petitioner and the other inmate were equally engaged in the fighting and that petitioner ignored three direct orders to stop fighting. Petitioner himself admitted that he was involved in the fight and did not stop when ordered. This testimony, combined with the misbehavior report, provide substantial evidence supporting respondent’s determination.

Cardona, P. J., Mercure, Casey, Yesawich Jr. and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding [793]*793pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner became involved in a fight with another inmate and was subsequently found guilty of assault and violating a direct order. He argues that, because he was acting in self-defense, the administrative determination is not supported by substantial evidence. We disagree. The correction officer who authored the misbehavior report and witnessed the incident testified that petitioner and the other inmate were equally engaged in the fighting and that petitioner ignored three direct orders to stop fighting. Petitioner himself admitted that he was involved in the fight and did not stop when ordered. This testimony, combined with the misbehavior report, provide substantial evidence supporting respondent’s determination.

Cardona, P. J., Mercure, Casey, Yesawich Jr. and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

226 A.D.2d 792, 639 N.Y.S.2d 966, 1996 N.Y. App. Div. LEXIS 3438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-coombe-nyappdiv-1996.

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