From Casetext: Smarter Legal Research

In re Matter of Hernandez

Appellate Division of the Supreme Court of New York, Third Department
Feb 1, 2007
37 A.D.3d 893 (N.Y. App. Div. 2007)

Opinion

No. 500829.

February 1, 2007.

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

Jesus Hernandez, Pine City, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Cardona, P.J., Mercure, Crew III, Spain and Carpinello, JJ.


Petitioner commenced this CPLR article 78 proceeding to challenge respondent's determination finding him guilty of violating the prison disciplinary rule that prohibits possession of contraband. The misbehavior report, which was authored by the correction officer who discovered the contraband on petitioner's person during a strip search, provides substantial evidence of petitioner's guilt ( see Matter of Foster v Coughlin, 76 NY2d 964, 966; Matter of Retamozzo v New York State Dept. of Correctional Servs., 31 AD3d 1083, 1084). Contrary to petitioner's contention, the record reflects that the hearing was timely completed within 14 days of the writing of the misbehavior report ( see 7 NYCRR 251-5.1 [b]). Having failed to raise his remaining objections at the disciplinary hearing, they are not preserved for our review ( see Matter of Burgess v Goord, 30 AD3d 877, 878).

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


Summaries of

In re Matter of Hernandez

Appellate Division of the Supreme Court of New York, Third Department
Feb 1, 2007
37 A.D.3d 893 (N.Y. App. Div. 2007)
Case details for

In re Matter of Hernandez

Case Details

Full title:In the Matter of JESUS HERNANDEZ, Petitioner, v. GLENN S. GOORD, as…

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

Date published: Feb 1, 2007

Citations

37 A.D.3d 893 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 715
830 N.Y.S.2d 364

Citing Cases

Ortega v. Annucci

We confirm. The “factually specific” misbehavior report was authored by the correction officer to whom…

Magin v. Leclaire

Petitioner's sole contention on appeal is that the misbehavior report was reviewed by a correction sergeant…