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Burgess v. Bintz

Appellate Division of the Supreme Court of New York, Third Department
Jun 14, 2001
284 A.D.2d 687 (N.Y. App. Div. 2001)

Opinion

June 14, 2001.

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.

Reginald Burgess, Ogdensburg, petitioner in person.

Eliot Spitzer, Attorney-General (Peter H. Schiff of counsel), Albany, for respondent.

Before: Mercure, J.P., Peters, Spain, Mugglin and Lahtinen, JJ.


MEMORANDUM AND JUDGMENT

Petitioner challenges a determination finding him guilty of violating facility count procedures after he refused to rise from his bed during a "standing" count. Contrary to petitioner's contention, the misbehavior report, together with the testimony adduced at the hearing, constitute substantial evidence to support the determination of guilt (see, Matter of Ingram v. Mann, 219 A.D.2d 743; Matter of Littles v. Kirk, 168 A.D.2d 757, lv denied 77 N.Y.2d 809). Petitioner's remaining contentions have been examined and found to be without merit.

Mercure, J.P., Peters, Spain, Mugglin and Lahtinen, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.


Summaries of

Burgess v. Bintz

Appellate Division of the Supreme Court of New York, Third Department
Jun 14, 2001
284 A.D.2d 687 (N.Y. App. Div. 2001)
Case details for

Burgess v. Bintz

Case Details

Full title:IN THE MATTER OF REGINALD BURGESS, Petitioner, v. MICHAEL J. BINTZ, as…

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

Date published: Jun 14, 2001

Citations

284 A.D.2d 687 (N.Y. App. Div. 2001)
726 N.Y.S.2d 307