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James v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Mar 15, 2007
38 A.D.3d 1074 (N.Y. App. Div. 2007)

Opinion

No. 500894.

March 15, 2007.

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 certain prison disciplinary rules.

Chris James, Comstock, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Wayne L. Benjamin of counsel), for respondent.

Before: Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.


While a correction officer was attempting to frisk petitioner with a handheld metal detector, petitioner kept moving his head and ignored the officer's directive to stop, ultimately falling to the floor. As a result, he was charged in a misbehavior report with refusing a direct order and failing to comply with frisk procedures. He was found guilty of these charges at the conclusion of a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.

We confirm. Substantial evidence, consisting of the misbehavior report and videotape of the incident, supports the determination of guilt ( see Matter of Brown v Goord, 9 AD3d 646, 647, lv denied 3 NY3d 612; Matter of Montcrieft v Goord, 308 AD2d 648, 648). Contrary to petitioner's claim, the hearing was conducted in a timely manner as valid extensions, necessitated by petitioner's request for documentation, were obtained within 14 days of the writing of the misbehavior report ( see Matter of Farrell v Selsky, 32 AD3d 1103, 1104; Matter of Cornwall v Goord, 284 AD2d 763, 764). Petitioner's remaining contentions are unpreserved for our review due to his failure to raise them at the hearing or in his administrative appeal.

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


Summaries of

James v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Mar 15, 2007
38 A.D.3d 1074 (N.Y. App. Div. 2007)
Case details for

James v. Goord

Case Details

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

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

Date published: Mar 15, 2007

Citations

38 A.D.3d 1074 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 2003
832 N.Y.S.2d 117

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