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Matter of Webb v. Goord [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 809 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., SCUDDER AND BALIO, JJ.


Determination unanimously confirmed without costs and petition dismissed. Memorandum: Contrary to petitioner's argument, the misbehavior reports and the testimony of the correction officer who authored one of the reports provide substantial evidence to support the determination that petitioner violated various inmate rules ( see, People ex rel. Vega v. Smith, 66 N.Y.2d 130, 139; Matter of Parker v. Coughlin, 211 A.D.2d 929). We reject petitioner's argument that the gaps in the hearing transcript require annulment of the determination. Those gaps are not "so significant as to preclude meaningful review of the proceedings, particularly as they relate to petitioner's arguments" ( Matter of Fletcher v. Selsky, 199 A.D.2d 865, 866, lv denied 83 N.Y.2d 753; see also, Matter of Campbell v. Goord, 254 A.D.2d 590; Matter of Reid v. Coughlin, 219 A.D.2d 746). We have reviewed petitioner's remaining argument and conclude that it is without merit. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)


Summaries of

Matter of Webb v. Goord [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 809 (N.Y. App. Div. 1999)
Case details for

Matter of Webb v. Goord [4th Dept 1999

Case Details

Full title:MATTER OF MICHAEL WEBB, PETITIONER, v. GLENN S. GOORD, COMMISSIONER, NEW…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 809 (N.Y. App. Div. 1999)
696 N.Y.S.2d 608

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