Johnson v. Selsky
Cases that cite this one
3 later published cases cite this decision.
- Medina v. Sing Sing Correctional Facility (Appellate Division of the Supreme Court of New York 2012)
- Medina v. Sing Sing Correctional Facility (Appellate Division of the Supreme Court of New York 2012)
- Anekwe v. Ercole (Appellate Division of the Supreme Court of New York 2010)
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 to review a determination of the respondent the Director of Special Housing/Inmate Disciplinary Program of the New York State Department of Correctional Services, dated May 1, 2006, which confirmed a determination of a hearing offi
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.
Contrary to the petitioner’s contention, the testimony of the correction officers, along with the “Inmate Misbehavior Report,” constituted substantial evidence of his guilt (see Matter of Shannon v Goord, 284 AD2d 680 [2001]; Matter of Oro v Keane, 211 AD2d 796, 796-797 [1995]). The conflict between the testimony of the petitioner and that of the correction officers merely presented an issue of credibility which the hearing officer was free to resolve against the petitioner (see Matter of Nelson v Selsky, 239 AD2d 795 [1997]). Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.