Legal Opinion
Palacio v. State of New York Department of Correctional Services
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 1992PublishedCited by 7 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Clinton County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.
Contrary to petitioner’s contention, hearsay misbehavior reports can constitute substantial evidence to support a deter*901mination of guilt as long as the evidence has sufficient relevance and probative value (see, Matter of Burgos v Coughlin, 108 AD2d 194, lv denied 66 NY2d 603). Here, while the incident was not witnessed by…
2Cases cited4 opinions
- Foster v. CoughlinNew York Court of Appeals · 1990
- Burgos v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
- De Torres v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
- Foster v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- Bostic v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
- Melluzzo v. GoordAppellate Division of the Supreme Court of the State of New York · 1998
- Burt v. McGinnisAppellate Division of the Supreme Court of the State of New York · 1998
- McCleary v. MitchellAppellate Division of the Supreme Court of the State of New York · 1992
- Luna v. Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2004
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