Cliff v. Vaughn
Cases that cite this one
4 later published cases cite this decision.
- Tafari v. Rock (Appellate Division of the Supreme Court of New York 2011)
- Frejomil v. Fischer (Appellate Division of the Supreme Court of New York 2009)
- Rodriguez v. Selsky (Appellate Division of the Supreme Court of New York 2008)
- Jackson v. Brown (Appellate Division of the Supreme Court of New York 2008)
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 Washington County) to review a determination of respondent Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.
At the conclusion of a tier II disciplinary hearing petitioner was found guilty of refusing a direct order and violating a facility movement regulation, and a penalty of 30 days’ keeplock and loss of package, commissary and telephone privileges was imposed. Following an unsuccessful administrative appeal, petitioner commenced the instant proceeding pursuant to CPLR article 78 to challenge the determination of guilt.
Of the various arguments raised by petitioner on review, only one has merit — namely, petitioner’s assertion that the portion of the determination finding him guilty of refusing a direct order is not supported by substantial evidence. Simply stated, there is no indication in the record that petitioner was in fact given a direct order on the day in question (May 27, 1999) to keep his hands in his pockets while returning from the recreation yard to his cell. The misbehavior report itself, upon which the Hearing Officer based his determination, was silent on this issue, and its author only testified that he had warned petitioner on more than one occasion prior to May 27,
Cardona, P. J., Carpinello, Mugglin and Rose, JJ., concur. Adjudged that the determination is modified, without costs, by annulling so much thereof as found petitioner guilty of refusing a direct order; petition granted to said extent and respondents are directed to expunge all references thereto from petitioner’s institutional record; and, as so modified, confirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.