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Matter of Mateo v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 772 (N.Y. App. Div. 1999)

Opinion

October 28, 1999

Proceeding pursuant to CPLR article 78 (transferred to this court by order of Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.


Following a disciplinary hearing, petitioner, a prison inmate, was found guilty of violating the disciplinary rules which prohibit inmates from possessing a weapon, unauthorized exchange and possessing contraband. The misbehavior report and testimony received at the hearing, including petitioner's plea of guilty to unauthorized exchange and his admission to possessing contraband, provide substantial evidence to support the determination of guilt (see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966; Matter of Nicholas v. Schriver, 259 A.D.2d 863, 687 N.Y.S.2d 453).

Furthermore, the record belies petitioner's assertion that he was not provided with either a misbehavior report written in Spanish or a Spanish interpreter during the hearing. Petitioner's remaining contentions, including his vague and conclusory assertions that he was denied due process, have been reviewed and found to be without merit.

Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.

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


Summaries of

Matter of Mateo v. Goord

Appellate Division of the Supreme Court of New York, Third Department
Oct 28, 1999
265 A.D.2d 772 (N.Y. App. Div. 1999)
Case details for

Matter of Mateo v. Goord

Case Details

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

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

Date published: Oct 28, 1999

Citations

265 A.D.2d 772 (N.Y. App. Div. 1999)
697 N.Y.S.2d 207

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