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Williams v. Walsh

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 2008
56 A.D.3d 923 (N.Y. App. Div. 2008)

Opinion

No. 504477.

November 13, 2008.

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

Michael Williams, Romulus, petitioner pro se.

Andrew M. Cuomo, Attorney General, New York City (Marion R. Buchbinder of counsel), for respondent.

Before: Cardona, P.J., Mercure, Carpinello, Kane and Malone Jr., JJ.


Petitioner, a prison inmate, was found guilty following a tier II disciplinary hearing of disobeying a direct order, being out of place and making a false statement. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding seeking annulment ensued.

We confirm. Contrary to petitioner's assertion, the determination of guilt is supported by substantial evidence consisting of the misbehavior report and corroborating hearing testimony ( see Matter of Wigfall v Goord, 53 AD3d 943, 943). To the extent preserved, we have examined petitioner's remaining contentions, including his claim that the misbehavior report was facially defective, and we find no basis upon which to disturb respondent's determination.

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


Summaries of

Williams v. Walsh

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 2008
56 A.D.3d 923 (N.Y. App. Div. 2008)
Case details for

Williams v. Walsh

Case Details

Full title:In the Matter of MICHAEL WILLIAMS, Petitioner, v. JAMES J. WALSH, as…

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

Date published: Nov 13, 2008

Citations

56 A.D.3d 923 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 8581
866 N.Y.S.2d 576

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