Legal Opinion

Billups v. Artuz

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

Decided June 17, 1996PublishedCited by 1 opinion

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

  1. Foster v. CoughlinNew York Court of Appeals · 1990
  2. Tate v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by1 opinion

  1. Haywood v. GoordAppellate Division of the Supreme Court of the State of New York · 1998

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