Robinson v. Selsky
Cases that cite this one
2 later published cases cite this decision.
- Gillard v. Donohue (Appellate Division of the Supreme Court of New York 2008)
- Sloane v. McKinney (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 Ulster County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.
We confirm. The misbehavior report, together with the letter and petitioner’s admission that he authored the letter, provide substantial evidence supporting the determination of guilt (see Matter of Alston v Goord, 25 AD3d 852, 852 [2006]; Matter of Jones v Department of Correctional Servs. of State of N.Y., 283 AD2d 805, 805 [2001]). Petitioner’s assertion that the letter was misinterpreted presented a credibility issue for the Hearing Officer to resolve (see Matter of Alston v Goord, supra at 852; Matter of McFadden v Armmitage, 1 AD3d 670, 670-671 [2003]). His claim of Hearing Officer bias has not been preserved for our review.
Spain, J.R, Mugglin, Rose, Lahtinen and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.