Guerrero v. Coombe
Cases that cite this one
10 later published cases cite this decision.
- Barreto v. Goord (Appellate Division of the Supreme Court of New York 1997)
- Davis v. Goord (Appellate Division of the Supreme Court of New York 2003)
- Hodge v. Goord (Appellate Division of the Supreme Court of New York 2001)
- West v. Costello (Appellate Division of the Supreme Court of New York 2000)
- Di Salvo v. Selsky (Appellate Division of the Supreme Court of New York 1999)
- Rashid v. Ketchum (Appellate Division of the Supreme Court of New York 1998)
- Eckert v. Selsky (Appellate Division of the Supreme Court of New York 1998)
- Gittens v. Goord (Appellate Division of the Supreme Court of New York 1998)
- Dawes v. Selsky (Appellate Division of the Supreme Court of New York 1998)
- Pena v. Goord (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On August 24, 1995, petitioner, a prison inmate, was transferred to Eastern Correctional Facility in Ulster County and placed in a double occupancy cell. Shortly after his arrival, petitioner’s cellmate attempted to assault him and petitioner was moved out of the cell. When petitioner refused to return to a double occupancy cell, a misbehavior report was issued and a. disciplinary hearing was held. He was fóund guilty of violating prison disciplinary rules requiring that he obey a direct order and follow staff direction relating to movement within the facility. Upon administrative review, the determination of guilt was affirmed but the penalty was found excessive. Petitioner thereafter commenced this CPLR article 78 proceeding.
Petitioner seeks to annul the determination on the ground that, inter alia, it is not supported by substantial evidence. We disagree. The misbehavior report coupled with petitioner’s admission that he refused to comply with an order to return to a double occupancy cell provided sufficient evidence to support a finding of guilt. "Inmates may not refuse to obey orders issued by correction officers, even if the orders appear to be without authority or to infringe upon the inmate’s constitutional rights” (Matter of Keith v Coombe, 235 AD2d 879, 880 [citations omitted]).
Similarly without merit are petitioner’s claims that the hearing was untimely, that certain witnesses were improperly excluded from testifying and that the Hearing Officer should not have presided over the hearing. Although the hearing was not conducted within 14 days of the September 1, 1995 misbehavior report, we find that the hearing was timely
Petitioner’s remaining contentions have been examined and are either unpreserved for our review or lack merit.
Cardona, P. J., Casey, Spain and Carpinello, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.