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Matter of Petrucco v. Barkley

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1999
260 A.D.2d 705 (N.Y. App. Div. 1999)

Opinion

April 1, 1999

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


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit inmates from providing unauthorized legal assistance and unauthorized exchange of personally owned articles. The charges stemmed from petitioner's possession of another inmate's appeal papers of a disciplinary determination. Petitioner commenced this CPLR article 78 proceeding challenging the determination of his guilt.

Contrary to petitioner's contention, we find substantial evidence to support the determination of guilt on both charges. In addition to seeing petitioner hand another inmate some unknown papers, the correction officer who authored the misbehavior report testified that petitioner was subsequently observed removing papers from his typewriter which were discovered to belong to that other inmate. This testimony, together with the misbehavior report and petitioner's testimony at the hearing, provides substantial evidence to support the determination of his guilt ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Petitioner's remaining contentions have been reviewed and found to be without merit.

Mikoll, J. P., Crew III, Spain and Graffeo, JJ., concur.

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


Summaries of

Matter of Petrucco v. Barkley

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1999
260 A.D.2d 705 (N.Y. App. Div. 1999)
Case details for

Matter of Petrucco v. Barkley

Case Details

Full title:In the Matter of STEVEN A. PETRUCCO, Petitioner, v. WAYNE BARKLEY, as…

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

Date published: Apr 1, 1999

Citations

260 A.D.2d 705 (N.Y. App. Div. 1999)
688 N.Y.S.2d 703

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