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In re Woods

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 2008
50 A.D.3d 1286 (N.Y. App. Div. 2008)

Opinion

No. 503448.

April 11, 2008.

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 a prison disciplinary rule.

Lumumba Woods, Wilton, petitioner pro se.

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

Before: Cardona, P.J., Carpinello, Rose, Lahtinen and Stein, JJ.


Petitioner, an inmate, was charged in a misbehavior report with violating the prison disciplinary rules prohibiting the assault of another inmate and fighting. Following a tier III disciplinary hearing, petitioner was found guilty of the assault charge and not guilty of the fighting charge. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. To the extent that the petition can be construed as raising a substantial evidence question, we note that the misbehavior report, together with the testimony given by the authoring correction officer both at the hearing and confidentially, comprise the requisite substantial evidence to support the determination of guilt ( see Matter of Matias v Selsky, 43 AD3d 1261, 1262). Regarding petitioner's assertion that he was denied the right to present testimony from the inmate he was found guilty of assaulting and the facility nurse who examined that inmate, such a claim is unpreserved for our review by virtue of petitioner's failure to lodge the appropriate objections at the hearing ( see Matter of Towles v Selsky, 12 AD3d 737, 738, lv denied 4 NY3d 706).

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


Summaries of

In re Woods

Appellate Division of the Supreme Court of New York, Third Department
Apr 11, 2008
50 A.D.3d 1286 (N.Y. App. Div. 2008)
Case details for

In re Woods

Case Details

Full title:In the Matter of LUMUMBA WOODS, Petitioner, v. LUCIEN LECLAIRE, as…

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

Date published: Apr 11, 2008

Citations

50 A.D.3d 1286 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 3277
855 N.Y.S.2d 717

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