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Matter of Mullen v. Goord

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1040 (N.Y. App. Div. 1999)

Opinion

December 30, 1999

Determination unanimously confirmed without costs and petition dismissed.

PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.


Memorandum:

Petitioner was found guilty following a Tier III hearing of violating inmate rules 114.10 ( 7 NYCRR 270.2 [B] [15] [i] [smuggling]) and 180.10 ( 7 NYCRR 270.2[B][26][i] [violating facility visiting procedures]). Although the proof is entirely circumstantial, the determination of the Hearing Officer is supported by substantial evidence ( see, Matter of Fereira v. Coombe, 239 A.D.2d 905). It is well established that a Hearing Officer may rely on confidential information ( see, Matter of Abdur-Raheem v. Mann, 85 N.Y.2d 113, 119; Matter of Vogelsang v. Coombe, 105 A.D.2d 913, affd 66 N.Y.2d 835). By refusing to attend the last day of the hearing, petitioner waived notification that confidential information was received that day ( see, Matter of Tifer v. Coughlin, 214 A.D.2d 1036, 1037; see also, Matter of Cowart v. Pico, 213 A.D.2d 853, lv denied 85 N.Y.2d 812; cf., Matter of Freeman v. Coughlin, 138 A.D.2d 824). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)


Summaries of

Matter of Mullen v. Goord

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1040 (N.Y. App. Div. 1999)
Case details for

Matter of Mullen v. Goord

Case Details

Full title:MATTER OF RICHARD MULLEN, PETITIONER, v. GLENN S. GOORD, COMMISSIONER, NEW…

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

Date published: Dec 30, 1999

Citations

267 A.D.2d 1040 (N.Y. App. Div. 1999)
700 N.Y.S.2d 782

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