Amaker v. Senkowski
Cases that cite this one
3 later published cases cite this decision.
- Jones v. Department of Correctional Services (Appellate Division of the Supreme Court of New York 2001)
- Gainey v. Goord (Appellate Division of the Supreme Court of New York 2000)
- Gargano v. Goord (Appellate Division of the Supreme Court of New York 2000)
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
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Clinton County) to review a determination of respondent Superintendent of Clinton Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.
Following a tier II hearing, petitioner, a prison inmate, was found guilty of harassment. Contrary to petitioner’s contention, the misbehavior report written by an eyewitness and petitioner’s own admission that he called a correction officer a racist provides substantial evidence to support the determination of petitioner’s guilt (see, Matter of El-Shabazz v Selsky, 257 AD2d 937; Matter of Ross v Bolak, 256 AD2d 789). We also
Furthermore, we find that petitioner’s contention of Hearing Officer bias is without merit. The fact that the Hearing Officer resolved credibility issues against petitioner is not indicative of bias (see, Matter of Lawrence v Headley, 257 AD2d 837). In any event, petitioner has failed to establish that the outcome of the hearing flowed from the alleged bias (see, Matter of Omaro v Goord, 269 AD2d 629).
Mercure, J. P., Crew III, Spain, Graffeo and Mugglin, 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.