From Casetext: Smarter Legal Research

Yant v. Filion

Appellate Division of the Supreme Court of New York, Third Department
Jan 27, 2000
268 A.D.2d 923 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: January 27, 2000

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered May 18, 1999 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Terry G. Yant, Marcy, appellant in person.

Eliot Spitzer, Attorney-General (Peter G. Crary of counsel), Albany, for respondent.

Before: Cardona, P.J., Crew III, Spain, Carpinello and Mugglin, JJ.


MEMORANDUM AND ORDER

Petitioner, a prison inmate, challenges the determination finding him guilty of making a false statement. We agree with Supreme Court's finding that petitioner's procedural claims are without merit, and we affirm. Petitioner's contention that the facility failed to post the specific rule violation is baseless. The rule prohibiting an inmate from making a false statement is clearly set out in 7 NYCRR 270.2 as well as in the inmate rule book. Further, nothing in the record substantiates petitioner's claim of Hearing Officer bias, nor has petitioner established that the determination flowed from the alleged bias (see, Matter of Sheppard v. Goord, 264 A.D.2d 916, 695 N.Y.S.2d 205). We have considered petitioner's remaining claims and find they are either without merit or unpreserved for our review.

Cardona, P.J., Crew III, Spain, Carpinello and Mugglin, JJ., concur.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Yant v. Filion

Appellate Division of the Supreme Court of New York, Third Department
Jan 27, 2000
268 A.D.2d 923 (N.Y. App. Div. 2000)
Case details for

Yant v. Filion

Case Details

Full title:In the Matter of TERRY G. YANT, Appellant, v. GARY FILION, as…

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

Date published: Jan 27, 2000

Citations

268 A.D.2d 923 (N.Y. App. Div. 2000)
702 N.Y.S.2d 685

Citing Cases

Moore v. Fischer

Petitioner further contends that he was not provided notice of the rule prohibiting inmates from possessing…