Parkinson v. Selsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
The misbehavior report, unusual incident reports and the testimony by numerous correction officers provide substantial evidence to support the determination that petitioner struck two correction officers, attempted to strike one a second time and wrestled with them while resisting their control (see Matter of Williams v Goord, 36 AD3d 1033, 1033 [2007]). The testimony from petitioner and two inmate witnesses, stating that the correction officers attacked petitioner and another inmate for no reason, created an issue of credibility for the Hearing Officer to resolve (see Matter of Barnes v…
2Cases cited15 opinions
- Parker v. LaundreeAppellate Division of the Supreme Court of the State of New York · 1996
- Williams v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Gill v. SelskyAppellate Division of the Supreme Court of the State of New York · 1997
- Lebron v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2006
- Moss v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by18 opinions
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- Gray v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2009
- Davis v. PrackAppellate Division of the Supreme Court of the State of New York · 2009
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