Williams v. Goord

Appellate Division of the Supreme Court of New York

Williams v. Goord

259 A.D.2d 793, 687 N.Y.S.2d 190, 1999 N.Y. App. Div. LEXIS 2094

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

DecidedMarch 4, 1999

StatusPublished

Cited by2 cases

This text of 259 A.D.2d 793 (Williams v. Goord) 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

Williams v. Goord, 259 A.D.2d 793, 687 N.Y.S.2d 190, 1999 N.Y. App. Div. LEXIS 2094 (N.Y. Ct. App. 1999).

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Opinion

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

Petitioner, a prison inmate, was found guilty of fighting with and assaulting a fellow inmate in violation of certain prison [794]*794disciplinary rules. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt. To the extent that petitioner raised an issue of substantial evidence, we conclude that the misbehavior report and testimony presented at the hearing, including the victim’s testimony identifying petitioner as the assailant, provided substantial evidence to support the determination of guilt, even though the correction officer who wrote the misbehavior report did not witness the assault (see, Matter of Rodriguez v Coombe, 239 AD2d 854, lv dismissed 91 NY2d 907; Matter of Palacio v State of New York Dept. of Correctional Servs., 182 AD2d 900). Also, we reject petitioner’s conclusory claim of bias as belied by the record which reveals that the hearing was conducted in a fair and impartial manner.

Mikoll, J. P., Mercure, Yesawich Jr., 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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was found guilty of fighting with and assaulting a fellow inmate in violation of certain prison [794]*794disciplinary rules. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt. To the extent that petitioner raised an issue of substantial evidence, we conclude that the misbehavior report and testimony presented at the hearing, including the victim’s testimony identifying petitioner as the assailant, provided substantial evidence to support the determination of guilt, even though the correction officer who wrote the misbehavior report did not witness the assault (see, Matter of Rodriguez v Coombe, 239 AD2d 854, lv dismissed 91 NY2d 907; Matter of Palacio v State of New York Dept. of Correctional Servs., 182 AD2d 900). Also, we reject petitioner’s conclusory claim of bias as belied by the record which reveals that the hearing was conducted in a fair and impartial manner.

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

259 A.D.2d 793, 687 N.Y.S.2d 190, 1999 N.Y. App. Div. LEXIS 2094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-goord-nyappdiv-1999.

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