Davis v. Goord
Opinion of the Court
—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
Petitioner was found guilty of violating the prison disciplinary rule prohibiting inmates from refusing to obey a direct order after he was charged with having refused to comply with a correction officer’s orders to enter his newly-assigned cell. We find that the misbehavior report, prepared by the officer who witnessed the charged misconduct, was sufficiently detailed and probative to constitute substantial evidence of petitioner’s guilt, especially when viewed with petitioner’s own statements (see Matter of Rashid v Ketchum, 247 AD2d 670, 671; Matter of Guerrero v Coombe, 239 AD2d 676). Hence, the determination under review will not be disturbed.
Petitioner contends that any failure to obey the officer’s
Cardona, P.J., Peters, Spain, Lahtinen and Kane, 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.