Burr v. Goord, 284 A.D.2d 881

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of the Superintendent of Great Meadow Correctional Facility which found petitioner guilty of violating a prison disciplinary rule.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule prohibiting inmates from refusing a direct order. Contrary to petitioner’s assertion, the detailed misbehavior report constitutes substantial evidence to support the determination that petitioner disobeyed a direct order to lock in his cell (see, Matter of Faraldo v Senkowski, 275 AD2d 833). Petitioner’s differing version of events presented a credibility issue for resolution by the Hearing Officer (see, Matter of Bell v Leary, 275 AD2d 834).

Cardona, P. J., Mercure, Crew III, Spain and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

Case Details

Case Name: Burr v. Goord

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 28, 2001

Citations: 284 A.D.2d 881; 727 N.Y.S.2d 345; 2001 N.Y. App. Div. LEXIS 6854

Court Abbreviation: N.Y. App. Div.