Appellate Division of the Supreme Court of New York, 2001

Burr v. Goord

Appellate Division of the Supreme Court of New York · Decided June 28, 2001

284 A.D.2d 881; 727 N.Y.S.2d 345; 2001 N.Y. App. Div. LEXIS 6854

Cases that cite this one

7 later published cases cite this decision.

Rosario v. Goord (Appellate Division of the Supreme Court of New York 2006)
Applewhite v. Goord (Appellate Division of the Supreme Court of New York 2005)
Russell v. Selsky (Appellate Division of the Supreme Court of New York 2005)
Gonzalez v. Goord (Appellate Division of the Supreme Court of New York 2005)
Cliff v. Brady (Appellate Division of the Supreme Court of New York 2002)
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)

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 the Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from refusing a direct order. Contrary to petitioner’s assertion, the *882detailed misbehavior report constitutes substantial evidence to support the determination that petitioner disobeyed a direct order to lock in his cell (see, Matter of Faraldo v Senkowski, 275 AD2d 833). Petitioner’s differing version of events presented a credibility issue for resolution by the Hearing Officer (see, Matter of Bell v Leary, 275 AD2d 834).

Cardona, P. J., Mercure, Crew III, Spain 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.