Canty v. Esgrow
Cases that cite this one
11 later published cases cite this decision.
- Matter of Pitts v. Jordan (Appellate Division of the Supreme Court of New York 2024)
- Matter of Dorcinvil v. Miller (Appellate Division of the Supreme Court of New York 2022)
- Matter of Miller v. Annucci (Appellate Division of the Supreme Court of New York 2015)
- White v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- White v. Fischer (Appellate Division of the Supreme Court of New York 2013)
- Blocker v. Hetrick (Appellate Division of the Supreme Court of New York 2012)
- Blocker v. Hetrick (Appellate Division of the Supreme Court of New York 2012)
- Nunez v. Bezio (Appellate Division of the Supreme Court of New York 2011)
- White v. Fischer (Appellate Division of the Supreme Court of New York 2011)
- Barnes v. Prack (Appellate Division of the Supreme Court of New York 2011)
- Mobayed v. Fischer (Appellate Division of the Supreme Court of New York 2011)
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
Appeal from a judgment of the Supreme Court (Hayden, J.), entered August 31, 2010 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.
Petitioner, a prison inmate, was confined to the special housing unit (hereinafter SHU) when a correction officer gave him a direct order to stop yelling after the lights had been turned out. Petitioner requested a copy of that rule and, when the officer provided it, petitioner became profane and made threats toward the officer. As a result, petitioner was charged in a misbehavior report with refusing a direct order, creating a disturbance, making threats and harassment. He was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding and Supreme Court dismissed the petition. Petitioner now appeals.
We affirm. Initially, we find that petitioner’s right to call witnesses was not violated, inasmuch as the requested testimony would have been irrelevant (see Matter of Moore v Fischer, 76 AD3d 737, 738 [2010]; Matter of Abreu v Bezio, 71 AD3d 1341, 1342 [2010], appeal dismissed 15 NY3d 836 [2010]). Here,
Finally, we cannot say that the Hearing Officer erred in removing petitioner from the hearing after repeated warnings not to pursue an irrelevant line of questioning and petitioner’s continuing argumentative and obstructive behavior (see Matter of McDaniels v Bezio, 76 AD3d 1129, 1129 [2010]; Matter of Jackson v Fischer, 67 AD3d 1207, 1208 [2009]). Petitioner’s remaining arguments have been examined and found to be without merit.
Mercure, J.P., Rose, Kavanagh, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.