Summary
The court reviewed a prison disciplinary determination finding the petitioner guilty of possessing contraband and a prison employee’s personal information. It held that the challenged document was properly considered despite the petitioner’s chain-of-custody claim and that the determination was supported by substantial evidence, confirming the determination and dismissing the petition.
Holdings
- The document was properly considered because it was secured in a locked office after the search, and petitioner presented no evidence substantiating her claim that it could have been tampered with while stored there.
- The document, misbehavior report, and hearing testimony provided substantial evidence supporting petitioner’s guilt, so the administrative determination was confirmed.
Questions Presented
- Whether the handwritten document was properly considered despite petitioner’s claimed chain-of-custody problems.
- Whether the misbehavior report, document, and hearing testimony constituted substantial evidence supporting the prison disciplinary determination.
Disposition
dismissed
Cases Cited (3)
- Matter of Saif’Ul’Bait v. Goord, 15 A.D.3d 703, 705 (N.Y. App. Div. 2005)(followed)
- Matter of Price v. Coughlin, 116 A.D.2d 898, 899 (N.Y. App. Div. 1986)(followed)
- Matter of Austin v. Venettozzi, 97 A.D.3d 867, 867 (N.Y. App. Div. 2012)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…