AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

In the Matter of DARRYL WRIGHT, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Ser

Following a tier III disciplinary hearing, petitioner, a prison inmate, was found guilty of making threats, refusing a direct order and committing an unhygienic act by throwing a cup of water at another inmate after being ordered not to do so. The unhygienic act charge was dismissed upon petitioner's administrative appeal and petitioner thereafter commenced this CPLR article 78 proceeding seeking dismissal of the remaining charges. We confirm. Contrary to petitioner's assertion, the intermittent gaps in the hearing transcript were not so significant as to preclude meaningful review ( see, Matter of Reynoso v. Coombe, 229 A.D.2d 732, 733, lv denied 89 N.Y.2d 801). The clear and detailed misbehavior report authored by the correction officer who issued the order and observed the liquid being thrown was sufficient to substantiate the alleged misconduct ( see, Matter of Foster v. Coughlin, 76 N.Y.2d 964, 966). Petitioner's remaining contentions, to the extent that they have been preserved for appellate review, have been examined and found to be lacking in merit.

Cardona, P. J., Mikoll, Mercure, Crew III and White, JJ., concur.

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

Use AI to get other relevant cases.

Comments

MATTER OF WRIGHT v. GOORD
(Dec 3, 1998)