Lewis v. Leclaire
Cases that cite this one
1 later published case cites this decision.
- Matter of Davis v. Annucci (Appellate Division of the Supreme Court of New York 2014)
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 Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was charged in a misbehavior report with threatening another inmate, engaging in inappropriate physical contact with another inmate and committing a sex offense. Following a tier III disciplinary hearing, petitioner was found guilty of all three charges. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
We confirm. Notwithstanding petitioner’s assertions to the contrary, the misbehavior report, together with the hearing testimony from the authoring correction officer and complaining inmate, comprise substantial evidence to support the determination of guilt (see Matter of Clark v Goord, 32 AD3d 1142, 1143 [2006]). Petitioner’s remaining contentions, including his claim that the charges were not properly investigated, have been examined and found to be without merit.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.