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Matter of Cadiz v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 1997
241 A.D.2d 687 (N.Y. App. Div. 1997)

Opinion

July 17, 1997

Appeal from the Supreme Court, entered in Albany County.


After a search of his cube divulged a vial of prescription medication that had exceeded its expiration date, as well as three unidentified tablets that had been secreted in a container of dental floss, petitioner was found guilty of violating the prison disciplinary rule that prohibits possession of unauthorized medication. Substantial evidence supports the determination of petitioner's guilt. The misbehavior report, standing alone, is sufficiently detailed and probative to constitute substantial evidence ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Additionally, petitioner admitted in his testimony before the Hearing officer that the unauthorized medications in question were his. Petitioner's remaining contentions have been examined and found to be either without merit or unpreserved for our review.

Crew III, J. P., White, Yesawich Jr., Peters and Carpinello, JJ., concur.

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


Summaries of

Matter of Cadiz v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Jul 17, 1997
241 A.D.2d 687 (N.Y. App. Div. 1997)
Case details for

Matter of Cadiz v. Goord

Case Details

Full title:In the Matter of HARRY CADIZ, Petitioner, v. GLENN GOORD, as Commissioner…

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

Date published: Jul 17, 1997

Citations

241 A.D.2d 687 (N.Y. App. Div. 1997)
663 N.Y.S.2d 1011

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