Appellate Division of the Supreme Court of New York, 2000

Bell v. Leary

Appellate Division of the Supreme Court of New York · Decided September 14, 2000 · Lahtinen

275 A.D.2d 834; 713 N.Y.S.2d 885; 2000 N.Y. App. Div. LEXIS 9211

Cases that cite this one

3 later published cases cite this decision.

Johnson v. Goord (Appellate Division of the Supreme Court of New York 2002)
Johnson v. Goord (Appellate Division of the Supreme Court of New York 2002)
Burr v. Goord (Appellate Division of the Supreme Court of New York 2001)

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

—Lahtinen, J.

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 which found petitioner guilty of violating a prison disciplinary rule.

Following a tier II hearing, petitioner was found guilty of failing to obey direct orders from a correction officer and a sergeant not to wear his “do-rag”* in unauthorized areas. The detailed misbehavior report authored by the correction officer who witnessed petitioner’s refusal to obey the direct orders provides substantial evidence of petitioner’s guilt (see, Matter of Daum v Goord, 274 AD2d 715). Petitioner’s contention that he was on his way to the lavatory, the area where petitioner was authorized to wear his “do-rag,” raised a credibility issue properly resolved by the Hearing Officer (see, Matter of Pica v Selsky, 274 AD2d 712). Petitioner’s remaining contentions have been examined and found to be without merit.

Mercure, J. P., Crew III, Peters and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

A “do-rag” is a handkerchief or bandana tied around and over the head.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.