From Casetext: Smarter Legal Research

Matter of Locke v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Oct 15, 1998
254 A.D.2d 553 (N.Y. App. Div. 1998)

Opinion

October 15, 1998

Appeal from the Supreme Court (McGill, J.).


Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging respondents' determination finding him guilty of violating the prison disciplinary rules that prohibit harassment and making threats. Supreme Court dismissed the petition on the merits and this appeal ensued. Initially, to the extent that the argument has been preserved for our review, we reject petitioner's contention that he was denied the right to call a witness inasmuch as the record establishes that the testimony of the witness he requested would have been cumulative to that provided by other witnesses ( see, Matter of Greene v. Coombe, 238 A.D.2d 813, lv denied 91 N.Y.2d 801). We are also unpersuaded that the inaudibility of certain portions of the transcript tape requires reversal. The alleged missing information is not material to the determination and is not of such significance so as to preclude meaningful review ( see, Matter of Rodriguez v. Coughlin, 167 A.D.2d 671). Petitioner's remaining contentions are either unpreserved for our review or lacking in merit.

Cardona, P. J., Mikoll, White, Carpinello and Graffeo, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Locke v. Senkowski

Appellate Division of the Supreme Court of New York, Third Department
Oct 15, 1998
254 A.D.2d 553 (N.Y. App. Div. 1998)
Case details for

Matter of Locke v. Senkowski

Case Details

Full title:In the Matter of WHAYNE F. LOCKE, Appellant, v. DANIEL A. SENKOWSKI, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 15, 1998

Citations

254 A.D.2d 553 (N.Y. App. Div. 1998)
679 N.Y.S.2d 348

Citing Cases

Matter of Graham v. State Division of Parole

The record, however, demonstrates that petitioner entered a plea of not guilty and contested the charge…

In re Pender

The contrary testimony of petitioner and other witnesses presented a credibility issue for the Hearing…