Legal Opinion

Crandell v. Mitchell

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

Decided March 4, 1993PublishedCited by 1 opinion

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of the Superintendent of Eastern Correctional Facility which found petitioner guilty of violating certain prison disciplinary rules.

It has been established that a misbehavior report alone can constitute substantial evidence of an inmate’s misconduct (see, Matter of Perez v Wilmot, 67 NY2d 615). Here, the report was written by the correction officer who was involved in the incident. It stated that after petitioner signed into the law library he…

2Cases cited5 opinions

  1. Perez v. WilmotNew York Court of Appeals · 1986
  2. Hernandez v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1989
  3. Curl v. KellyAppellate Division of the Supreme Court of the State of New York · 1986
  4. Hop Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  5. La Boy v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. Abdul-Matiyn v. CommissionerAppellate Division of the Supreme Court of the State of New York · 1998

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