From Casetext: Smarter Legal Research

Jackson v. McGinnis

Appellate Division of the Supreme Court of New York, Third Department
Jan 17, 2008
47 A.D.3d 1100 (N.Y. App. Div. 2008)

Opinion

No. 502427.

January 17, 2008.

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 the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Keyron Jackson, Auburn, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Cardona, P.J., Mercure, Spain, Rose and Lahtinen, JJ.


A search of petitioner's prison cell recovered documents containing the names of numerous inmates with detailed personal information, including nicknames associated with members of a particular unauthorized gang. As a result, petitioner was charged in a misbehavior report with violating the prison disciplinary rule prohibiting possession of unauthorized organizational material. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty as charged. That determination was affirmed upon administrative review, prompting petitioner to commence this CPLR article 78 proceeding.

We confirm. The determination of guilt is supported by substantial evidence consisting of the misbehavior report, hearing testimony and confidential information considered by the Hearing Officer in camera ( see Matter of Tevault v Goord, 43 AD3d 1238, 1238-1239; Matter of Baxter v Goord, 42 AD3d 798, 798). Petitioner's remaining contentions, including his claim that he did not have sufficient notice of the charge against him, have been examined and are rejected.

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


Summaries of

Jackson v. McGinnis

Appellate Division of the Supreme Court of New York, Third Department
Jan 17, 2008
47 A.D.3d 1100 (N.Y. App. Div. 2008)
Case details for

Jackson v. McGinnis

Case Details

Full title:In the Matter of KEYRON JACKSON, Petitioner, v. MICHAEL MCGINNIS, as…

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

Date published: Jan 17, 2008

Citations

47 A.D.3d 1100 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 319
848 N.Y.S.2d 903

Citing Cases

Torres v. Fischer

Accordingly, the underlying determination must be annulled to that extent and references thereto expunged…

Nova v. Selsky

We confirm. The determination of guilt is supported by substantial evidence in the form of the misbehavior…