Billups v. Artuz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Hearing Officer’s finding that the petitioner had violated prison rules which prohibited disobeying a direct order and lying or making incomplete, misleading, or false statements was supported by substantial evidence in the form of a written misbehavior report prepared by the Correction Officer who observed the incident and the hearing testimony of a prison employee who likewise witnessed the incident (see, Matter of Foster v Coughlin, 76 NY2d 964).
The petitioner’s various claims of procedural error are either unpreserved for appellate review (see, Matter of Tate v Senkowski, 215 AD2d…
2Cases cited2 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Tate v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by1 opinion
- Haywood v. GoordAppellate Division of the Supreme Court of the State of New York · 1998