Williams v. Goord
Cases that cite this one
10 later published cases cite this decision.
- Claim of Boyd v. Prack (Appellate Division of the Supreme Court of New York 2016)
- Claim of Boyd v. Prack (Appellate Division of the Supreme Court of New York 2016)
- Knight v. Bezio (Appellate Division of the Supreme Court of New York 2011)
- Moore v. New York State Department of Correctional Services (Appellate Division of the Supreme Court of New York 2008)
- Haden v. Selsky (Appellate Division of the Supreme Court of New York 2008)
- Allah v. Selsky (Appellate Division of the Supreme Court of New York 2007)
- Hannah v. Burge (Appellate Division of the Supreme Court of New York 2007)
- Daniels v. Goord (Appellate Division of the Supreme Court of New York 2006)
- Kalwasinski v. Goord (Appellate Division of the Supreme Court of New York 2006)
- Nelson 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
Correction officers intercepted three envelopes written by petitioner containing the return address of another inmate that had been submitted for processing as legal mail. The contents revealed that petitioner was doing legal work for another inmate. He was charged in a misbehavior report with violating facility correspondence procedures and providing unauthorized legal assistance. Petitioner was found guilty of the charges following a tier II disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
We confirm. At the hearing, petitioner admitted that he prepared legal documentation for another inmate, who was apparently illiterate, without receiving authorization from correction officials. This, together with the misbehavior report, the testimony of the senior mail clerk and the documentation depicting petitioner’s handwriting, provide substantial evidence supporting the determination of guilt (see Matter of Green v Senkowski, 269 AD2d 653, 653 [2000], lv denied 95 NY2d 752 [2000]; Matter of Ellis v Coombe, 253 AD2d 945, 945 [1998]). Inasmuch as the hearing officer prepared the written disposition at the hearing and read it on the record in petitioner’s presence, we conclude that petitioner has failed to demonstrate prejudice resulting from any delay in receiving the written determination (see 7 NYCRR 252.5; Matter of Johnson v Goord, 297 AD2d 881, 882 [2002]). We also reject petitioner’s assertion that he was improperly denied the right to call as a witness a correction counselor familiar with the other inmate’s illiteracy since the counselor did not have personal knowledge of the incident in question and would not have offered testimony relevant to the charges at issue (see Matter of Murray v Goord, 273
Mercure, J.P., Spain, 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.