Stewart v. McArdle

149 A.D.3d 1452 (3d Dep't 2017) · Appellate Division of the Supreme Court of the State of New York, Third Department · April 27, 2017

Summary

The court reviewed a prison disciplinary determination under CPLR article 78 after the petitioner was found guilty of violating facility correspondence procedures. It held that the misbehavior report, envelope and card, order of protection, and hearing testimony provided substantial evidence supporting the determination, and dismissed the petition.

Holdings

  1. The determination finding petitioner guilty of violating facility correspondence procedures was supported by substantial evidence.
  2. Petitioner's denial of misconduct presented a credibility issue for the hearing officer to resolve and did not undermine the determination.

Questions Presented

  1. Whether substantial evidence supported the prison disciplinary determination finding petitioner guilty of violating facility correspondence procedures.
  2. Whether petitioner's denial and explanation required reversal of the determination.

Disposition

dismissed

Cases Cited (3)

  • Matter of Cortorreal v. Goord, 41 A.D.3d 1048, 1048 (3d Dep't 2007)(followed)
  • Matter of Goldberg v. Goord, 11 A.D.3d 841, 841 (3d Dep't 2004)(followed)
  • Matter of Cole v. New York State Department of Correctional Services, 87 A.D.3d 1243, 1243 (3d Dep't 2011)(followed)

Cited In (0)

No citing cases on record yet.

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