AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of JOSEPH VIDAL, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Ser

MEMORANDUM AND JUDGMENT

Petitioner was found guilty of violating the prison disciplinary rules that prohibit violent conduct, fighting, assaulting an inmate and possession of a weapon. The correction officer who had witnessed the incident in question testified that he had observed petitioner striking another inmate with a broom handle. The second inmate then knocked petitioner down and slashed his face with an unknown weapon. Both inmates ignored orders to stop fighting, compelling correction officers to intervene.

We find that the detailed misbehavior report and the testimony of petitioner were sufficient to constitute substantial evidence of the charged misconduct (see, Matter of Kelly v. Goord, 251 A.D.2d 803; Matter of Wilkinson v. Coombe, 242 A.D.2d 834). Petitioner's remaining contentions, including his assertion that the aid rendered to him by his employee assistant was inadequate, have been examined and found to be without merit.

Crew III, J.P., Peters, Spain, Carpinello and Lahtinen, JJ., concur.

ADJUDGED that the determination is confirmed, without costs, and petition dismissed.

Use AI to get other relevant cases.

Comments

VIDAL v. GOORD
(Dec 13, 2001)