Andrews v. Kelly
Opinion of the Court
— Determination unanimously confirmed and petition dismissed. Memorandum: Petitioner was found guilty of gambling in violation of inmate rule 120.20. He thereafter commenced this CPLR article 78 proceeding which was properly transferred to this court pursuant to CPLR 7804 (g).
The determination is supported by substantial evidence and should be confirmed. After a death threat was made on petitioner’s life, his cell was searched for possible motive and a list was found containing nicknames of persons and the number of cigarette packs "owed” and "have out.” A misbehavior report was filed against petitioner. At the Superintendent’s hearing, Sergeant Gabbidon testified that in his 15
The Hearing Officer was free to disregard petitioner’s testimony as incredible and to accept that of Sergeant Gabbidon and Officer Baine. We conclude that the testimony of the officers, together with the "list” and petitioner’s admission that he gambled a little, provided substantial evidence to support the determination that petitioner violated rule 120.20 (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). (Article 78 proceeding transferred by order of Supreme Court, Wyoming County, Dadd, J.). Present — Dillon, P. J., Denman, Balio, Lawton and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.