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Bish v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1998
246 A.D.2d 692 (N.Y. App. Div. 1998)

Opinion

January 8, 1998


In connection with two misbehavior reports, petitioner, an inmate at a State correctional facility, was found guilty of violating numerous prison disciplinary rules, including assaulting staff, creating a disturbance and making threats. Addressing petitioner's challenge to the sufficiency of the evidence supporting the administrative determination, we find that the detailed misbehavior reports, the video tape and the testimony of the correction officers who escorted petitioner to a new cell provide substantial evidence supporting the determination of petitioner's guilt ( see, Matter of Ruffin v. Coombe, 233 A.D.2d 729, 729-730). To the extent that petitioner challenges the veracity of the correction officers' testimony, we note that credibility issues are for the Hearing Officer to resolve ( see, Matter of Lee v. McCoy, 233 A.D.2d 633). Petitioner's remaining contentions, including his claim of Hearing Officer bias and the denial of his request for an adjournment, are either unpreserved for our review or have been reviewed and found to be without merit.

Cardona, P.J., Mikoll, Mercure, Crew III and White, JJ., concur.

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


Summaries of

Bish v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1998
246 A.D.2d 692 (N.Y. App. Div. 1998)
Case details for

Bish v. Goord

Case Details

Full title:In the Matter of JOHN BISH, Petitioner, v. GLENN S. GOORD, as Commissioner…

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

Date published: Jan 8, 1998

Citations

246 A.D.2d 692 (N.Y. App. Div. 1998)
666 N.Y.S.2d 524

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