Pulliam v. Whitmore
Cases that cite this one
8 later published cases cite this decision.
- Tarbell v. Lamora (Appellate Division of the Supreme Court of New York 2013)
- Tarbell v. Lamora (Appellate Division of the Supreme Court of New York 2013)
- Harriott v. Koenigsmann (Appellate Division of the Supreme Court of New York 2017)
- Harriott v. Koenigsmann (Appellate Division of the Supreme Court of New York 2017)
- Harriott v. Koenigsmann (Appellate Division of the Supreme Court of New York 2017)
- Sanders v. Goord (Appellate Division of the Supreme Court of New York 2008)
- Smith v. Goord (Appellate Division of the Supreme Court of New York 2007)
- Encarnacion v. Goord (Appellate Division of the Supreme Court of New York 2006)
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 Chemung County) to review a determination of the Superintendent of Elmira Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.
We confirm. The misbehavior report, together with the testimony of its author, provide substantial evidence supporting the determination of guilt (see Matter of Carrington v Goord, 20 AD3d 835, 835 [2005]; Matter of Wigfall v Goord, 16 AD3d 791, 791 [2005]). Petitioner’s claim that the misbehavior report was issued in retaliation for a grievance he filed and the testimony of his inmate witnesses that they did not hear him playing his television loudly presented questions of credibility for the Hearing Officer to resolve (see Matter of Branch v Goord, 4 AD3d 699, 700 [2004]; Matter of Vasquez v Goord, 301 AD2d 986 [2003]). Petitioner’s remaining contentions, including his claims that certain directives were violated and that personal property was not returned to him in time for him to prepare a defense, have been considered and found to be without merit.
Cardona, P.J., Peters, Carpinello, Mugglin 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.